November 2, 2020

Trial court granted bail to Delhi violence accused Farooq Faisal at premature stage: HC

Trial court granted bail to Delhi violence accused Farooq Faisal at premature stage: HC


Scrapping the bail granted to Rajdhani School owner Faisal Farooq in connection with a case related to the violence that erupted in the northeast Delhi in February this year, the Delhi High Court on Monday observed that the trial court granted bail at a premature stage and ignored relevant materials on record. A bench of Justice Suresh Kumar Kait passed the judgement on a petition filed by the Delhi Police challenging the trial court order, which granted bail to Farooq Faisal.

“Concerned additional session judge has failed to appreciate that while deciding an application for bail, the interest of the society is also to be safeguarded. The entire country is aggrieved by the action of such offenders who tarnish the basic secular fabric of the nation and needs to be punished severely,” the bench observed in its order. The High Court said that the personal liberty of an individual though is precious, is of little value if the larger interest of the people and nation are at stake.

“However, keeping in view the fact that accused Faisal is wealthy and he has reputation and roots in the society, therefore, since the investigation in the present FIR is pending and the prosecution is likely to file a supplementary chargesheet, therefore, the accused may influence the witnesses and hamper the investigation and trial,” the order said. Solicitor General Tushar Mehta, appearing for Delhi Police in an earlier hearing, had submitted that the trial court order granting bail to Farooq was unwarranted.

In the petition filed through advocate Amit Mahajan and Rajat Nair, the Delhi Police had sought to set aside the order and consequential bail granted to the accused Farooq vide order dated June 20 passed by Additional Sessions Judge Vinod Yadav. The police, in its plea, had submitted that while granting bail to the accused the trial court judge made a patent and manifest error of law inasmuch as it failed to consider the most important factor as held by the Supreme Court from time to time relevant for the purpose of grant of bail, which is reasonable ground to believe that the accused has committed the offence and the nature and gravity of the charge.

The police had also said that the trial court also failed to appreciate that the accused Farooq was charged with criminal conspiracy. It said that the present case is one of the cases arising out of the riots which occurred in northeast Delhi and pertains to the riots which occurred in DRP school which was completely destroyed in the alleged incident.

“From the investigation, it has emerged that the Farooq, who owned a Rajdhani Public School in close vicinity, and was a very influential person in the area, had allowed rioters to enter his school and create havoc from the terrace of Rajdhani Public School,” the plea said. Police also submitted that the mod had allegedly opened indiscriminate fire upon the other party and had caused the loss of life and limb and property.

According to the police, Farooq was found as the kingpin and mastermind of the alleged incident and had deliberately facilitated the entry of the rioters from the main gate of his school and in turn, these rioters caused huge damage to the nearby DRP Public School. “The nature of the offence the brazenness and impunity with which the accused has committed these offences disentitles him from seeking bail. Looking at the character of the accused there is every likelihood that he would evade the process of law and threaten the witness who has been named in the charge sheet and are in the knowledge of accused,” the plea said.

At least 53 people were killed and hundreds of others were injured in the violence that took place in northeast Delhi between February 24 and 26 sparked by clashes between groups supporting and opposing the Citizenship Amendment Act. (ANI)



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