A Delhi court remanded eight accused to 12 days’ judicial custody over violence during an anti-encroachment demolition near the Faiz-e-Elahi mosque in Turkman Gate. The Tis Hazari court ordered custody till January 21 after their production.
NEW DELHI: A Delhi Court on Friday placed eight defendants in 12 days judicial custody related to the violence that occurred during an anti-encroachment demolition effort near the Faiz-e-Elahi mosque in the Turkman Gate area.
The accused Afaan, Adil, Shahnawaz, Amir Hamza, Ubadullah, Atharr, Mohammad Imran, and Mohammad Imran were presented before Judicial Magistrate Sayesha Chada of Tis Hazari Court, who ordered their custody until January 21.
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Factual Background
The violence erupted during the Municipal Corporation of Delhi’s “anti-encroachment operation” near the Faiz-e-Elahi mosque in the Ramlila Maidan area during the night between Tuesday and Wednesday. Police sources indicate that a social media post claiming the mosque was being demolished incited significant mobilization in the area.
The police reported that approximately 150 to 200 individuals threw stones and glass bottles at officers and MCD workers, resulting in injuries to six officers, including the local station house officer. MCD Deputy Commissioner Vivek Kumar stated that around 36,000 square feet of encroached land was cleared during the overnight operation. He clarified that while a diagnostic center, a banquet hall, and two boundary walls were demolished, the mosque itself was not harmed.
The Court noted that the grounds for their arrest had been properly provided and stated that, prima facie, the presence of the accused at the scene of the violence was evident. During the hearing, five other defendants Mohammad Arib, Kashif, Adnan, Mohammad Kaif, and Sameer sought bail.
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The defense counsel alleged that the accused had been assaulted by prison staff while in custody. Acknowledging these claims, the Court issued a notice to the Delhi Police regarding the bail requests and instructed the jail superintendent to present the medical records of all five defendants by the next hearing date.
The defense requested additional time to respond to the bail applications due to a new status report filed by the police. The Court granted this request and scheduled the next hearing for January 13. With these latest arrests, the Delhi Police have detained a total of 13 individuals, including a juvenile, in connection with the incident.
Opposing the remand application, defense attorneys argued that no video evidence was provided to support the accusations against the accused regarding the alleged stone-pelting.
However, the Delhi Police contended that the arrests were founded on identifications made by officers and CCTV footage clearly showing the accused.
The police further informed the Court that Section 109 (attempt to murder) of the Bharatiya Nyaya Sanhita, 2023, had been invoked in the recent arrests, along with other charges related to rioting and obstructing public servants.
They reported that six police officers were injured during the violence, including injuries to critical areas like the head. The defense countered the attempt to murder allegation, arguing that there was no intent to kill and that the injuries were minor. The Court noted that the severity of the injuries and the applicability of the charges would be assessed during the trial.
Advocate Tushar Kadian served as the Public Prosecutor, while Advocate Atul Srivastava represented the Delhi Police as Special Public Prosecutor.
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