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A Delhi Court expresses disgust at Mehmood Pracha’a submission that the Delhi Police has targeted only the muslim community in its probes on Delhi Riots. 
 
“The police appear to have done its job with utmost integrity and certainly not on communal lines,” said a Delhi Court while dealing with a bail application pertaining to the last years’ Delhi Riots.

Advising bail applicant’s advocate to desist from making irresponsible submissions, the court of Additional Sessions Judge Virender Bhat observed,

“Maybe some lapses have been occurred during the investigation of these cases related to the riots but even those lapses also do not give any slightest indication that the investigation was not fair and impartial or that it was on communal lines.”

Advocate Mehmood Pracha, bail applicant's counsel, had submitted before the court that only the persons belonging to Muslim Community like his client were targeted by the police in the aftermath of the riots and were arraigned in false criminal cases.

To this, the court reprimanded Adv. Pracha stating, “These submissions of the Ld. Counsel are certainly not in good taste. These are noted with immense disgust, repugnance and strong disapproval.”

Further stressing that Adv. Pracha had not pointed out any material on record to substantiate his claim that the riots were communal in nature or were the handiwork of any political party, the court said,

“It is the Ld.Counsel himself, who is now painting the entire Delhi Police with a communal brush by saying that the criminal cases related to the riots have been fastened upon the members of the Muslim Community alone.

“The statement of Ld.Counsel is not only highly irresponsible but also patently false,” court further held.

Court also highlighted that while dealing with the cases related to the riots, it had noticed that members of both the communities, Hindu and Muslim have been arraigned as accused and also been charge-sheeted.

Court said, “In some cases, it has been observed that there are witnesses belonging to Hindu Community cited against the accused belonging to the same community and witnesses belonging to Muslim community cited against the accused belonging to the same community.”

Apart from that, the Court further noted that the cases relating to the Delhi Riots are very serious and sensitive in nature and therefore, need to be dealt with in a professional manner.

Therefore, Court advised the Advocate to not paint the whole matter with a communal taint.

The Court was hearing a regular bail plea filed by one Arif in FIR 59/2020 registered at Karawal Nagar police station relating to the murder of one Alok Tiwari who had sustained several blunt and sharp injuries during the riots.

As per eye witness account, Arif was part of the riotous mob which attacked the deceased with rods, stones and bottles etc. thereby causing victim's death.

However, during the hearing on the bail plea on November 10, Arif's counsel had argued that the charge­sheet in the matter was nothing but only a bunch of papers filed pursuant to partial investigation and therefore, could not be treated as a complete charge­sheet.

Rejecting Adv. Pracha's this argument, the court said, 

"It is evident that the Ld. Counsel is himself not sure in his mind about the legality of this argument and for this reason he did not approach this Court for default bail to the applicant u/s 167 Cr. P.C and instead has filed the instant application for regular bail u/s 439 IPC. Moreover, the submissions of the Ld. Counsel that the charge­sheet is only a bunch of papers is again distasteful, to say least."

Furthermore, noting that the two statements of witnesses prima facie showed Arif's presence at the crime spot, the court rejected Arif' bail plea. 

Case Title: State vs Arif