Three individuals accused of homicide in a case associated to the riots in Delhi final yr, have been granted bail on the idea of a NDTV video. The video by NDTV’s Ravish Kumar was proven in a Prime Time programme. The defence had identified that the video, which the prosecution had used as key proof, didn’t present any of the accused.
The Delhi High Court stated, “There is no evidence whatsoever, either direct or circumstantial, or forensic against these three people who were accused of killing one Shahid during the Delhi riots in February 2020”.
The petitioners — Junaid, Chand Mohammad and Irshad — have been in custody for 10 months since April 2020.
According to the police, the accused have been a part of the Muslim group which was standing on the rooftop of Saptarishi Building at Chand Bagh space of northeast Delhi to assault the Hindu teams, who have been standing on the rooftops of different buildings, firing and pelting stones.
The police alleged that Shahid, who was additionally current on the prime of Saptarishi constructing, was killed because of a gunshot.
The NDTV information story confirmed a video which captured gunfire from the rooftop of Mohan Nursing Home constructing, which was reverse Saptarishi constructing.
The bench noticed that the police centered solely on buildings of 1 facet within the investigation, ignoring the firing from Mohan Nursing Home.
“As submitted by learned counsel for petitioner that in the same video relied upon by police, at exact after running of video for 10 minutes, it is seen that Ravish Kumar, NDTV primetime anchor saying that a person is firing rifle from Mohan Nursing Home Hospital and is wearing helmet, there is another person who is covering the weapon with handkerchief and later on, they can be seen in the videos as well,” stated Justice Suresh Kumar Kait.
“But the investigating agency seems to have concentrated only on one side of the building, although it is an admitted case of prosecution that rioters from both sides were pelting stones at each other and were firing. Further, in this video, the firing is seen to be done only from Mohan Nursing Home and not from Saptarishi building.”
Based on the character of entry and exit wounds and the evaluation of the video, the bench noticed that firing was probably attributable to a long-range shot from the Mohan Nursing Home.
The decide additionally noticed that it was onerous to consider that the petitioners will kill an individual of their very own neighborhood throughout riots.
The courtroom stated, “Neither there was any motive whatsoever either for them or for any other person allegedly present on the roof of Saptarishi building, to commit the offence, nor has the prosecution alleged any motive in the entire case. Thus, it is hard to believe that a communal riot can be used by the petitioners to cause death of the person of their own community.”
The courtroom famous that no restoration of firearms had been constituted of the petitioners and fees are but to be framed within the trial, which is more likely to take substantial time. The courtroom ordered that the petitioners, who have been below custody since April 1, 2020, ought to be launched on bail.