Daijiworld Media Network – New Delhi
New Delhi, Jan 10: A Delhi court on Friday remanded eight accused to 12-day judicial custody in connection with the violence that erupted during an anti-encroachment and demolition drive near the Faiz-e-Elahi mosque in the Turkman Gate area of the capital.
Judicial Magistrate Sayesha Chada remanded the accused — identified as Afaan, Adil, Shahnawaz, Amir Hamza, Ubadullah, Atharr, Mohammad Imran and Mohammad Imran — to judicial custody till January 21. The court observed that the grounds of arrest had been duly furnished and that, prima facie, the presence of the accused at the site of violence was evident.
Meanwhile, five other accused — Mohammad Arib, Kashif, Adnan, Mohammad Kaif and Sameer — moved bail applications before the court. Their counsel alleged that the accused were assaulted by jail officials inside the prison premises. Taking note of the submissions, the court issued notices to the Delhi Police and the jail superintendent, directing the latter to submit the medical records of the accused. The bail hearing has been adjourned to January 13 to allow the defence time to prepare arguments in view of a fresh status report.
With the latest arrests, police have so far apprehended 13 persons, including a juvenile, in the case.
Opposing the remand, defence counsel argued that the police failed to provide video evidence linking the accused to the incident. However, Delhi Police informed the court that the arrests were based on CCTV footage and identification by police personnel present at the spot.
Police have invoked Section 109 (attempt to murder) of the Bharatiya Nyaya Sanhita (BNS), along with other provisions related to rioting and obstruction of public servants. The prosecution stated that six police personnel, including the local station house officer, sustained injuries during stone-pelting, some on vital parts such as the head. The defence contended that there was no intention to kill and described the injuries as minor, to which the court remarked that the gravity of injuries would be determined during trial.
Advocate Tushar Kadian appeared as the Public Prosecutor for the State, while Advocate Atul Srivastava represented the Delhi Police as Special Public Prosecutor.
The violence broke out during an overnight anti-encroachment drive near Ramlila Maidan on Tuesday-Wednesday, after rumours spread on social media alleging that the mosque was being demolished. Police sources said around 150 to 200 people gathered and pelted stones and glass bottles at police personnel and Municipal Corporation of Delhi (MCD) workers.
MCD Deputy Commissioner Vivek Kumar stated that approximately 36,000 square feet of encroached land was cleared during the drive. A diagnostic centre, a banquet hall and two boundary walls were demolished, while clarifying that the mosque was not damaged in any manner.