On September 28, while dismissing the bail plea of one Mohammad Ibrahim in Head Constable Ratan Lal Murder Case during the North East Delhi riots, the Delhi HC said that the evidence confirmed the existence of a pre-planned and pre-meditated conspiracy to disturb law and order in the city.
The court said, “The riots which shook the National Capital of the country in February 2020 evidently did not take place in a spur of the moment, and the conduct of the protestors who are present in the video footage which has been placed on record by the prosecution visibly portrays that it was a calculated attempt to dislocate the functioning of the Government as well as to disrupt the normal life of the people in the city.”
The court further added that the CCTV cameras were destroyed systematically that confirmed the existence of a pre-planned and pre-meditated conspiracy to disturb law and order in the city. The court said, “This is also evident from the fact that innumerable rioters ruthlessly act that in descended with sticks, dandas, bats etc., upon a hopelessly outnumbered cohort of police officials.”
The court was hearing the bail plea of the accused in the Head Constable Ratan Lal Murder Case during the anti-Hindu Delhi riots of 2020. The court observed that the liberty of an individual cannot be misused in a way that it “threatens the fabric of society by attempting to destabilise it or cause hurt to others.”
Justice Subramonium Prasad said, “This Court has previously opined on the importance of personal liberty in a democratic polity, but it is to be categorically noted that individual liberty cannot be misused in a manner that threatens the very fabric of civilised society by attempting to destabilise it and cause hurt to other persons.”
The case against Ibrahim
Mohammad Ibrahim was seen in several CCTV footage wearing a black Nehru jacket, salwar kurta and a skull cap. The prosecution submitted three video pieces of evidence to prove that the assault on Head Constable Ratan Lal was pre-meditated. The court said that the riots in Delhi were not something that could have happened in the spur of the moment.
While denying the bail, the court said though he was not seen on the crime scene, he was part of the mob. He consciously travelled over 1.5 KM away from his locality. He was carrying a sword that could only be used to cause damage. The court said, “In light of this, the footage of the Petitioner with the sword is quite egregious, and is therefore sufficient to keep the Petitioner in custody.”
The order was reserved last month after hearing arguments of several advocates who appeared for the accused. For the prosecution, ASG SV Raju and Special Public Prosecutor Amit Prasad appeared in the case. Ibrahim’s bail plea was part of orders reserved in 11 bail applications. Notably, the court granted bail to other accused named Shahnawaz and Mohd Ayyub in the case but rejected the applications of Sadiq and Irshad Ali. Five others accused Mohd. Arif, Shadab Ahmad, Furkan, Suvaleen and Tabassum were granted bail earlier this month.
The murder of head constable Ratan Lal
On February 24, a mob of Islamists and other protesters carrying danda, lathies, baseball bats, iron rods and stones gathered at the main Wazirabad road at around 1 PM. They soon turned violent, after which the police used mild force and gas shells to disperse the crowd. According to the constable present at the scene, the protesters started beating the police personnel. DCP Shahdara, ACP Gokulpuri, and Head Constable Rattan Lal were also attacked by the mob. They both fell on the road and sustained serious injuries. They were rushed to the hospital, where Head Constable Ratan Lal was pronounced brought dead.
Irshad Ali was denied bail as he was seen holding a danda and provoking the crowd in CCTC footage. The court said, “The clinching evidence that tilts this Court to prolong the incarceration of the Petitioner is his presence in the Vishal Chaudhry video wherein he is clearly identified at the Scene of Crime, using a stick to beat uniformed police officials who are present around him.”
Sadiq was denied bail as he participated actively in the riots and pelted stones on the police officials. The court said, “The fact that he actively participated and pelted stones at the Police Officials at the Scene of Crime justifies the invocation of Section 149 IPC read with Section 302 IPC in the instant case.”