Jahangirpuri clashes: Delhi HC dismisses plea by alleged conspirator alleging harassment by police

NEW DELHI: The Delhi High Court has dismissed a plea by one of the alleged main conspirators behind this year's Hanuman Jayanti clashes in Jahangirpuri that he was being harassed by the Delhi Police in the garb of investigation.

Justice Asha Menon, while dealing with the petition by the alleged conspirator Sheikh Ishrafil, for directions to the police not to create terror in the minds of his family members, said that the plea was moved to thwart the probe and appeared to be seeking anticipatory bail in the garb of directions to the police not to harass the petitioner and his family.

"It is only to be expected that the petitioner, who seeks the enforcement of his fundamental rights, would also do his duties and help the police resolve the crime and apprehend the perpetrators," the court said in its order dated June 2.

Justice Menon asserted that the "court cannot allow itself to be used in such a fashion which may lead to interference with the investigations" and the present case did not appear to be of the police approaching the parties only with ill motives to harass them.

"This petition appears to be of a phishing kind, seeking anticipatory bail, in the garb of directions to the police not to harass the petitioner and his family. There is no merit whatsoever in the present petition, which is dismissed," said the court.

The court noted that the petitioner has admitted that he was present with 500 people at the concerned site even though for some other reason, some material was found at his terrace and his older son has already been arrested.

The police have a duty to keep vigilance over the law-and-order situation and to prevent crimes and if an offence is alleged to have been committed, it is their bounden duty to investigate and book the offender, it added.

"This Court finds no reason to issue any directions in the exercise of its powers under Article 226 of the Constitution of India, in view of the Status Report filed by the respondent/State disclosing that the police were only investigating into the offences committed for which FIR No.440/2022 has been registered," the court opined.

"In these facts and circumstances, it is evident that the petitioner has moved this petition to thwart investigations," it added.

The prosecution opposed the petition and said that the petitioner, Sheikh Ishrafil, was one of the main conspirators and perpetrators of the entire incident and was evading the process of law.

It was claimed that the petitioner was actively involved in aggravating the situation and instigating his community by pelting stones, and bottles, and attacking the Hanuman Jayanti procession with firearms, swords, bricks, bottles, and other weapons.

The petitioner had hatched a deep conspiracy to disturb the communal harmony of the country, it was said.

The petitioner contended that he has the fundamental right to live with dignity and fearlessly in terms of Article 21 of the Constitution of India and thus the police should be restrained from harassing him and his family.

He said that he was present at the Jahangirpuri eidgah for the rites concerning the death of his father a few days before.

Violent clashes broke out in Delhi's Jahangirpuri on April 16 between two groups during a Hanuman Jayanti procession that left eight police personnel and a civilian injured.