Jahangirpuri riots: Delhi High Court rejects plea by man alleging police harassment

A plea by a Jahangirpuri resident seeking relief from alleged “police harassment” was rejected by the Delhi High Court which held that the petition was of a “phishing kind", and was filed to seek anticipatory bail in the guise of seeking protection from police [Sheikh Ishrafil v. State]..Justice 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..In the Court’s view, the police had to identify the perpetrators of the various offences committed on April 16, 2022 - the day of the purported clashes between two communities following which tension gripped the area."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 petitioner, through his counsel, argued that the police officials from the local police station would visit his house and harass the family on the pretense of the carrying out investigation. It was alleged that the police arrested his son in connection with the violence..The counsel emphasised that the petitioner, as a citizen of this country, had the fundamental right to live with dignity and fearlessly, 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..The Court, on the other hand, found no reason to issue directions under Article 226 of the Constitution, in view of the status report filed by the investigating agency disclosing that the police were only investigating into the offences committed in the FIR concerned.“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..[Read Order]