A Single Judge Bench comprising of Justice Suresh Kumar Kait heard the plea of the Delhi Police in State v. Faisal Farooq. The Court stayed the release of Faisal Farooq.
Brief Facts of the Case
Faisal Farooq is the principal of Rajdhani Public School, Shiv Vihar. The Police arrested him for allegedly orchestrating the anti-Hindu riots in North-East Delhi. Mr Faisal was one of the 19 arrested persons for the violence that broke out. The charge sheet booked him under Sections 147, 148, 149, 436, 455, 120B, and 34 of the Indian Penal Code.
The Order Passed by the Trial Court
A charge sheet was filed on June 3, 2020. The Trial Court granted him bail in the aforesaid matter on June 22, 2020. The Court observed that there was no evidence of Mr Farooq being present at the spot of violence. The Court also rejected the Delhi police’s arguments about the applicant having terror links. The police had alleged him of being in constant touch with PFI, Pinjra Tod, Markaz, and people of Jamia Millia Islamia.
While giving the order the Court also took note of the non-registration of FIR’s by the police till May 5, 2020. The applicant raised these FIRs for the damage caused to the school owned by him.
It was further observed that the CCTV footage did not show the presence of the applicant at the scene. Moreover, the Court rejected to accept the offending material that was recovered from the terrace of the applicant’s school.
The Plea Seeking Cancellation of Bail
After the order by the Trial Court, a plea was moved by the Delhi police seeking cancellation of bail. On June 22, 2020, the Delhi High Court conducted a hearing for the same.
But during the hearing, there was a controversy that arose in the Court. Mr Rahul Mehra, Standing Counsel (Crime) for Delhi Government objected to the appearance of Solicitor General Tushar Mehta. He further stated that the Central Government had no power to file a petition against the Trial Court order. After which the Solicitor General removed his name from the petition ‘out of disgust’. The matter was again on board at 2.30 pm to resolve the issue of appearance.
At 2.30 pm, ASG Aman Lekhi learned Additional Solicitor General appeared in the Court. Mr Amit Chadha Learned APP appeared on behalf of Mr Rahul Mehra. Both the counsel prayed for adjournment of the current issue.
Court’s Order
The Court denied the release of the applicant until further order. The Court will now hear the matter on July 1, 2020.
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