Delhi violence: HC to hear in Aug police’s plea challenging bail to school owner

Earlier, when the petition on behalf of police was filed through advocate Amit Mahajan, who is also a central government standing counsel, challenging the trial court’s June 20 order granting bail to school owner Faisal Farooq, Mehra had opposed it saying that the Central Government has no power to file this plea. On one such occasion, Solicitor General Tushar Mehta had withdrawn his name from the case “out of disgust”.


PTI | New Delhi | Updated: 24-07-2020 14:57 IST | Created: 24-07-2020 14:48 IST
Delhi violence: HC to hear in Aug police’s plea challenging bail to school owner
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The Delhi High Court said it will hear in August, an application by the police seeking to place additional facts related to a case of communal violence in northeast Delhi during anti-CAA protests in February in which the probe agency has challenged the bail granted to the owner of a private school. Justice Suresh Kumar Kait, who was conducting the hearing through video conferencing, said since the application was not on record, the matter will be heard on August 17.

A fresh application was filed on Friday morning by Special Public Prosecutor (SPP) Amit Prasad submitting that the President has appointed 11 SPPs, including him, in relation to 752 cases pertaining to riots in north east Delhi and he would be representing the State. “Thus, the entire controversy agitated by the Standing Counsel (Criminal) (Rahul Mehra) has been put to rest in as much the authority of the President of India in a situation of difference of opinion cannot be questioned by the Standing Counsel (Criminal), more particularly before this court while exercising powers….,” it claimed.

The controversy over who will represent the state has been raised in the proceedings of various cases time and again where Delhi government standing counsel (criminal) Rahul Mehra, who has been appointed by the full court of Delhi High Court to represent the state in criminal matters, opposes filing of the petition by lawyers who are authorised by the LG to represent the state. Earlier, when the petition on behalf of police was filed through advocate Amit Mahajan, who is also a central government standing counsel, challenging the trial court’s June 20 order granting bail to school owner Faisal Farooq, Mehra had opposed it saying that the Central Government has no power to file this plea.

On one such occasion, Solicitor General Tushar Mehta had withdrawn his name from the case “out of disgust”. Prasad, in the fresh application, sought modification of the high court’s July 2 order in the matter in which it had directed Additional Solicitor General Aman Lekhi, who was representing the state, and Mehra to file written arguments, along with case laws relied upon.

“In light of the aforesaid facts, the cause for order dated July 2 to the extent of filing written arguments on right of representation does not survive. Consequently the said order needs to be modified to dispense with the requirement to file written arguments and is being sought by way of the present application,” the plea said. It also sought to place certain additional facts before the case, including that a life threatening call was made to the complainant’s son from an unknown number and it was allegedly made on behalf of the accused Farooq and sought cancellation of his bail.

The high court on July 22, dismissed a fresh petition filed by Prasad on behalf of Delhi Police seeking to cancel Farooq’s bail. It had rejected the plea on the ground that a similar petition was already before it challenging the trial court’s bail order. In the criminal case, Faisal Farooq, owner of the Rajdhani School in Shiv Vihar locality was among the 18 arrested, for alleged involvement in burning and damaging property of the adjacent DRP Convent School.

The police has challenged the trial court bail order saying the decision was ex-facie unwarranted. Delhi Police had on June 3 filed a charge sheet before the court against Farooq and 17 others in the incident in which the building of a private school was burnt down in northeast Delhi.

The trial court, in its bail order, had noted that the charge sheet filed against him in the case was bereft of material showing his alleged links with the Popular Front of India, Pinjra Tod group and Muslim clerics. It had directed Farooq to surrender his passport and not leave the National Capital Region without permission of the court. He should mark his attendance on every alternate Wednesday at the police station concerned. It also asked him not to tamper with evidence or influence the witnesses.

The Crime Branch of the Delhi Police had filed the charge sheet against the accused for allegedly conspiring with the Popular Front of India, Pinjra Tod group, Jamia Coordination Committee and Hazrat Nizamuddin Markaz for creating riots, in and around his school. It has also been alleged that protestors against the CAA had received funds from the PFI, formed in 2006 in Kerala as a successor to the National Democratic Front (NDF).

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)

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