The Delhi High Court on Friday remarked that bystanders cannot be indiscriminately arrested for being present at the site of mob violence, as it heard a plea for anticipatory bail in the Turkman Gate demolition-related stone pelting case.
The case arises from violence that occurred near the Faiz-e-Elahi mosque in Delhi’s Turkman Gate area on the intervening night of January 6 and 7 during an anti-encroachment drive. According to Delhi Police, a crowd of 150–200 people, reportedly provoked by social media rumours about the mosque being demolished, gathered and pelted stones and glass bottles at police and MCD officials. Six policemen, including the local SHO, sustained injuries in the incident.
Justice Prateek Jalan of the Delhi High Court was hearing the anticipatory bail plea of Sajid Iqbal, who has been accused of instigating the crowd and removing a barricade during the unrest.
The petitioner’s counsel contended that Iqbal was merely returning from a relative’s house and was inadvertently caught in the crowd. He argued that his client had not participated in the stone pelting and was being falsely implicated.
Representing the Delhi Police, counsel submitted that a deeper conspiracy was under investigation. The police alleged that Iqbal played an active role in removing a barricade and inciting the mob.
A video clip purportedly capturing the incident was shown to the court. Justice Jalan directed the police to place the video on record with proper time stamps and file a status report outlining Iqbal’s specific role.
Justice Jalan orally observed:
“If the video material shows he is instigating, you are right. If he is simply passing by, you are not right… If you are picking up everyone in that area, that will not be permitted.”
The judge emphasised the need for the investigation to identify individual culpability rather than relying solely on presence at the scene.
The trial court had earlier rejected Iqbal’s plea on January 21, stating that the investigation was in its early stages and noting that a video showed him removing a barricade and appearing to gather people.
The High Court has listed the matter for further hearing next week. Delhi Police has been directed to file a detailed status report along with relevant video footage.
