Shahrukh Pathan, who pointed a gun at a policeman during the anti-Hindu riots in North-East Delhi in 2020, was refused regular bail by a Delhi court on 14th December. The court stated it observed no need to grant him bail and Additional Sessions Judge Amitabh Rawat of Karkardooma Court noted, “Considering the conduct of the accused Shahrukh Pathan in jail during his judicial custody, his conduct before his being arrested, conduct during court proceedings and most importantly, the allegations against the accused which are being supported by the eyewitnesses and also the video footage, on any of the counts on which bail can be considered, the court sees nothing to set him enlarged on bail.”
The case pertains to the infamous picture where Shahrukh Pathan was seen holding a gun to a police officer’s head during the Delhi anti-hindu riots. During the riot, on the 24th of February 2020, a confrontation broke out between Jaffrabad Metro Station and Maujpur Bridge. There were more than 5,000 people who came face to face in that area. The anti-CAA protestors (Islamist mob) were pelting stones and brandishing guns. When the investigation was carried out, 3 cartridges were found at the spot where Shahrukh Pathan brandished a gun, aimed at the head of a police officer in uniform.
The order details how Shahrukh Pathan first fired a few rounds at the crowd and refused to pay heed to the warnings issued by the police officer. When he advanced, for the safety of the crowd, the police officer stood in his path and did not move. When Pathan was at a distance of 9-10 feet from the police officer, he fired his weapon aimed at the police officer’s head to kill him. The police officer dodged the bullet but continued to stand there in his path so he couldn’t advance further and kill the Hindus. As the police officer refused to move, Pathan pushed the officer and then aimed the gun at his head again. When the police officer issued another warning after being pushed, Shahrukh Pathan fired at the crowd and started retreating.
It was only after sustained interrogation that Shahrukh Pathan revealed his full identity and confessed to his involvement in the crime. The prosecution has also argued that Shahrukh Pathan was not only attempting to kill the police officer but was also leading the mob.
Interestingly, the order reveals how Shahrukh Pathan was not cooperative during the investigation and refused to reveal the identity of other rioters who were involved. During the investigation, it is detailed, that Pathan also tried his best to mislead the police. He has also displayed aggressive and remorseless conduct in jail.
The prosecution argued that if let out on bail, he could potentially influence witnesses and tamper with evidence. Also, given the fear of the 10-year jail term that could be handed to him, he could abscond. Taking into account his conduct inside the jail and during the investigation, the court agreed with the prosecution and refused to grant him bail.
The campaign about Shahrukh Pathan being beaten in jail and what his lawyer had claimed
On the 3rd of February, news emerged that Shahrukh Pathan had been beaten up in jail and feared for his life. There were several reports by Muslim-centric websites which were peddled by the usual suspects to drum up sympathy for Pathan.
The “Muslim Mirror” reported the assertion of Shahrukh Pathan in detail. “Assistant Jail Superintendent by the name of Rajesh Dahiya slapped the applicant on his face and started threatening and abusing the applicant with dire consequences for having pointed his pistol at a person of his cast/(Gotra) and threatened the applicant that they would kill him before the trial concludes and that all this was done amidst the presence of all the other Jail officials,” the counsel said, in the application, seeking status report from the jail superintendent about the incident.
According to the application, Shahrukh “apprehends that this attack was a calculated attack to orchestrate a bigger and more severe attack based on the outcome of the result this attack as the perpetrator, The Additional Jail Superintendent has himself warned the applicant of dire consequences and has specifically used the word that ‘we would make sure to kill you but will never let you get out of jail’.
The counsel, in the application, said, “AS Rajesh Dahiya threatened applicant/accused for dire consequences but the applicant just ignored the threats and warnings but this present incident has instilled a fear of life and safety.”
Shahrukh Pathan demanded that action be taken against the police officer and a “proper inquiry” be set up to probe the incident.
There were few points that stood out in the application made by Shahrukh Pathan about this alleged attack:
- Pathan claims that Rajesh Dahiya slapped and beat him up saying that he had attacked a police officer who belonged to his “caste/gotra”.
- Threatened that he could be killed before the trial concludes.
- The attack was a calculated one, testing waters for a larger attack.
- Shahrukh Pathan was scared for his life and was living in fear, apparently.
While the attempt here was to create sympathy for Pathan which could assist in him getting bail, from the court order denying bail to Pathan, it is evident that Shahrukh Pathan and his lawyer blatantly lied in their application to the court.
What does the bail order say, proving that Shahrukh Pathan and his lawyer lied in their application to the court
After the application of Shahrukh Pathan, claiming he was beaten and tortured by Rajesh Dahiya, the entire CCTV footage of the day – 30/1/2023 was pulled out and examined. The footage was then played in court in front of the prosecutor and the defence counsel. According to the court document, on the day in question, after he appeared via video conference in court, without permission Shahrukh Pathan left the video conferencing room and hid in a cell for over 2 and a half hours. This was a clear violation of prison rules. Since Shahrukh Pathan has been considered a high-risk inmate, he is kept away from other prisoners.
The court document says that in the CCTV, it was seen that he voluntarily entered a cell and was seen mingling and having lunch with other dangerous inmates. The inmates that he was having lunch with included gangsters as well. Then, he went and met two convicts. One convict that he met was a death row convict involved in the Red Fort Bomb Blast case. After talking to him, he looked at him and gestured towards Assistant Superintendent Rajesh Dahiya. It was then that Dahiya approached him and slapped him.
The court observed that the entire demeanour of Shahrukh Pathan while he was talking to other convicts and breaking the rules seemed casual and comfortable and it was evident that he was under no threat.
The court document makes several other startling revelations about Shahrukh Pathan on that day.
The court order says that Shahrukh Pathan after meeting the Red Fort Blast convict made aggressive gestures towards Dahiya and tried to provoke him.
In court, another instance of Shahrukh’s abysmal conduct in jail was placed on record.
On 10/02/2023, CCTV footage shows that he was again outside and mingling with other hardened criminals, which he is not supposed to do since he has been labelled a High-Risk Prisoner. On this day, he purposely beat up an Under Trial Prisoner called Bunty. After that, he started to bandage him.
The very next day Pathan thrashed him. Bunty lodged a complaint to the Jail Inspecting Judge that he and Shahrukh Pathan had been badly beaten up, tortured and harassed by Tihar Jail Superintendent. The jail authorities then showed the CCTV footage and thereafter, the application was not pursued by the accused.
In several other CCTV footages, Pathan, the court document says, was seen arguing with the Jail Staff.
Essentially, CCTV footage has proven that Shahrukh Pathan was lying about Dahiya beating him up, threatening him and torturing him. The lie did not just stop there. He even lied about Dahiya saying that he was beating him because he had shot at a police officer who belonged to his caste/gotra. Further, Shahrukh Pathan had made a previous attempt to lie about jail authorities beating him up and that application had not been filed only because it was proven on CCTV that it was him who had beaten up another under trial and essentially, both of them had lied about the Superintendent.
It is evident that Shahrukh Pathan and his lawyer are lying in an attempt to game the system by not only claiming a threat to life but also creating a sympathy wave to influence the court proceeding.
How The Quint had tried to humanise Pathan and create sympathy for him
In August 2021, 18 months after the 25-year-old Delhi anti-Hindu riots accused Shahrukh Pathan was arrested for brandishing a gun at the police and threatening them, The Quint published a white paper on him watering down his crime and making him appear like a cherubic saint. The Quint started by describing his menacing march as ‘brazen confidence in his gait’. Then the writer of the ‘Shahrukh Pathan fan page’ romanticised his criminal act. “Unfazed by the policemen in riot gear, he shot bullets in the air while media persons captured his acts in astonishment.
The fact that the gym enthusiast, who was also a local, did not wear a mask to hide his identity, made his ‘bravado’ seem peculiar and odd,” the author wrote. The Quint then went on to explain how his friends described Shahrukh as someone who was into grooming and was interested in his appearance. He was characterised as someone who was a biryani-lover, liked to put gel in his hair, blow dry it, wear crisp, ironed shirts, good shoes and well, make TikTok videos. The author interviewed Pathan’s mother, who had glowing views about her son. She said her son was innocent and ‘simple-minded’.
Shahrukh’s mother also highlighted counterfactual scenarios to water down her son’s criminality. She told his fans at The Quint that she often wonders, “What if she had given him food when he asked? What if the timing was a few minutes before or after namaz?”