NEW DELHI: In the case of Sheikh Ishraful v. State, Delhi High Court rejected a plea filed by a resident of the Jahangirpuri area in Delhi. He was seeking relief from alleged “police harassment” instance of Jahangirpuri Violence
The Bench of Asha Menon dismissed the plea highlighting the relief was sought in the garb of directions to the police not to harass the petitioner and his family.
“…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,” the order stated.
“And as a citizen of this country, it was only expected that while the petitioner seeks enforcement of his fundamental rights, he would also do his duties and help the police resolve the crime and apprehend the perpetrators,” it noted.
There is no merit whatsoever in the present petition, which is dismissed, the Court ordered.
“For abundant measure, it is recorded that the observations made in this order are only for the purposes of disposal of the present petition,” the judge added.
The main counsel for the Petitioner argued that the police officials from the local police station would visit his house and harass the family under the pretense of carrying out an investigation. It was alleged that the police arrested his son in connection with the violence.
In his Defence, Petitioner said that in this situation his Fundamental Right is infringed. Being a citizen of this country, had the fundamental right to live with dignity and fearlessness, as assured under Article 21 of the Constitution of India.
The prosecutor, on the contrary, argued that the petitioner was one of the main conspirators and perpetrators of the incident who had been evading the process of law.
“It was the petitioner who was actively involved in aggravating the situation and instigating his community in pelting stones, bottles, and attacking the Hanuman Jayanti procession with firearms, swords, bricks, bottles and other weapons,” he submitted.
“It is evident that the petitioner has moved this petition to thwart investigations. The court cannot allow itself to be used in such a fashion, which may lead to interference with the investigations, and which has been always frowned upon by the courts,” the Court said.
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