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A Delhi court on Tuesday granted bail to seven accused including Mohammad Tahir and Shahrukh in a case related to North-East Delhi violence on the ground of no credible evidence.  

Additional Sessions Judge Vinod Yadav granted bail to Mohammad Tahir and Shahrukh in the case of alleged vandalism and torching of a shop by a riotous mob in Gokalpuri area.

The court observed that the prosecution was opposing both the bail pleas on the strength of their categorical identification by beat officers — Constable Vipin and Head Constable Hari Babu — in their statements recorded under section 161 (examination by police) of the Code of Criminal Procedure on April 7, 2020.

The judge suspicious of the credibility of the two police witnesses in the case noted that Tahir has neither been named in the FIR nor there are specific allegations against him in the matter. Their identification was hardly of any consequence, adding that even though they were posted as beat officers in the area at the relevant time of the incident, they waited till April to name the accused when they had categorically seen and identified them allegedly indulging in riots on February 25, 2020.

“Being police officials, what stopped them from reporting the matter then and there in the police station or to bring the same in the knowledge of higher police officers? This cast serious doubt on the credibility of two police witnesses,” the court said in its order.

The court further added that the CCTV footage relied upon by the police in the case pertained to February 24, 2020, whereas the incident took place the next day. “No CCTV/video footage of February 25, 2020, (on which date the incident in question took place) has been placed on record by the investigating agency". It also said both the accused were entitled to grant of bail on the ground of parity as the role assigned to them was on identical footing as co-accused Rashid who was already enlarged on bail.

Jamiat Ulama-i- Hind (M)  advocate Salim Malik, appearing for the accused, claimed they have been falsely implicated in the case and were mere “bonafide bystanders”.

Due to the relentless legal struggle of Jamiat Ulama-i-Hind, many falsely accused by Delhi Police have been granted bail in 161 cases as of till now. 

Jamiat Secretary, Advocate Niaz Ahmad Farooqui who attends to the cases of Delhi violence, said that many families have no bread earners except the ones who are falsely charged. For instance, Shahrukh, a rickshaw puller from Kardampuri is the sole bread-earner of the family. His family was not even able to bear the travel expenses of visiting the advocates. Sharukh finally got bail on December 31, 2021.