Being part of the assembly doesn't necessarily imply that the common purpose was to cause harm," observed Justice Bansal.
Mohammad Alamullah | Clarion India
NEW DELHI — In a significant development, the Delhi High Court granted bail to two individuals, Arif and Anees Qureshi, who were facing charges related to the communal riots in North East Delhi. The case pertains to the murder of Rahul Solanki, a pedestrian who was fatally shot during the violent clashes.
Justice Amit Bansal, presiding over the case, ruled on Monday that Arif and Anees Qureshi, in custody since March 09, 2020, should be granted bail. The court emphasised that the trial proceedings might extend, and thus, the accused cannot be held indefinitely.
Arif’s legal representation was provided by advocate Saleem Malik, appointed by Jamiat Ulema Hind. Expressing gratitude, Malik stated in a phone conversation with Clarion, “After three and a half years, Arif has been granted bail, bringing a sense of relief to his family.” He further mentioned that the family sought assistance from Jamiat Ulema Hind, approaching its President Maulana Mahmood Asad Madani and Nazim General for legal support.
However, the court rejected the bail plea for another accused, Muhammad. The accused face charges under Sections 302, 149, 147, 148, 436, 120, and 34 of the Indian Penal Code, as registered at Dayalpur Police Station.
The incident in question occurred on February 24, 2020, during the communal riots, where Rahul Solanki sustained a fatal gunshot wound and was declared brought dead by doctors. Initial investigation was conducted by Dayalpur police station officials, and subsequently, on March 7, 2020, the case was transferred to the Special Investigation Team (SIT), Crime Branch for further examination.
While granting bail, the court noted that the evidence on record indicated Arif and Anees Qureshi’s involvement in an unlawful assembly. Justice Bansal remarked, “Being part of the assembly doesn’t necessarily imply that the common purpose was to cause harm.” Both accused have been in judicial custody since March 9, 2020, with the charge sheet filed on June 2, 2020. The prosecution is yet to present evidence, having recorded several witnesses, indicating a potentially lengthy trial.
Advocate Salim Malik represented Arif, and lawyer Tanveer Ahmed Mir appeared on behalf of Anees Qureshi. The court’s decision comes after careful consideration of the circumstances and the need for a fair trial in the matter.
