The Delhi High Court on Friday orally observed that bystanders cannot be “picked up” for being part of the mob that indulged in stone pelting during a demolition exercise near the Faiz-e-Elahi mosque in Turkman Gate last month.
Justice Prateek Jalan made the observation while dealing with a plea for anticipatory bail by a person accused of instigating the crowd.
The court asked Delhi Police to submit a status report in response to the plea for pre-arrest bail by Sajid Iqbal, detailing the specific role played by him along with video evidence.
The prosecution counsel said the agency was looking into a “deeper conspiracy” in the case, and said the accused had removed police barricades and instigated the crowd.
Justice Jalan, who was shown a video of the incident, asked the police to submit the video on record with proper timestamps, stating that even if the petitioner was part of the mob, his specific role in the unrest had to be considered.
