The Delhi High Court Monday sought response of the owner of a private school on a plea by the Delhi Police challenging bail granted to him in a case related to communal violence in north-east Delhi during protests against the Citizenship Amendment Act in February.
Faisal Farooq, owner of Rajdhani School in Shiv Vihar locality was among the 18 arrested, for alleged involvement in burning and damaging the property of adjacent DRP Convent School.
Justice Suresh Kumar Kait, who conducted the hearing through video conferencing, also directed that “till further order, if the respondent/accused (Farooq), pursuant to order dated June 20 (of trial court) is still in custody, he shall not be released.”
The high court listed the matter for further hearing on Tuesday and said the copy of the order be communicated to the concerned judge and jail superintendent concerned through phone, mail or any other mode for information and compliance.
The police, in the petition filed through advocates Amit Mahajan and Rajat Nair, have challenged the trial court’s June 20 order granting bail to Farooq on the ground that it was prima facie not established that he was present at the spot at the time of incident.
The hearing also saw exchange of words between Solicitor General Tushar Mehta and Delhi government standing counsel (criminal) Rahul Mehra who submitted that the Central Government has no power to file this petition against the June 20 order of the trial court.
The Solicitor General submitted that he has received instructions from the Central Government to file this petition and to appear before the court. However, this fact was disputed by Mehra.
The high court noted in its order, “At this stage, the Solicitor General submits that in this situation, out of disgust, he seeks permission to withdraw his name from the present petition. Needless to state that it is upto the Solicitor General to appear in any matter or not unless specifically directed by the court.”
The matter was passed over for a while and after the hearing resumed, Additional Solicitor General Aman Lekhi appeared in place of the Solicitor General and prosecutor Amit Chadha appeared in place of Mehra, who was in another court.
Prosecutor Chadha submitted that the controversy raised in the petition shall be resolved during the course of the day and jointly sought adjournment for Tuesday.
The Delhi Police had on June 3 filed a charge sheet before the court against Farooq and 17 others in the incident in which the building of a private school was burnt down in North East Delhi.
The trial court, in its bail order, had noted that the charge sheet filed against him in the case was bereft of material showing his alleged links with Popular Front of India, Pinjra Tod group and Muslim clerics.
The trial court has said the accused would be released from the jail on furnishing a bail bond of Rs 50,000 along with two sureties of like amount.
It had directed Farooq to surrender his passport and should not leave the National Capital Region without permission of the court and should mark his attendance on every alternate Wednesday at the concerned police station. It also asked him not to tamper with evidence or influence the witnesses.
The Crime Branch of Delhi police had filed the charge sheet against the accused for allegedly conspiring with Popular Front of India, Pinjra Tod group, Jamia Coordination Committee and Hazrat Nizamuddin Markaz for creating riots, in and around his school.
It has also been alleged that protestors against the CAA had received funds from PFI, formed in 2006 in Kerala as a successor to the National Democratic Front (NDF).
Pinjra Tod (Break the Cage) was founded in 2015 with an aim to make hostels and paying guest accommodations less restrictive for women students.
In 2015, Jamia Millia Islamia University had issued a notice restricting female students from staying out after 8 pm. When the Delhi Commission for Women (DCW) questioned the Jamia administration on it, a group of women students decided to protest against the restrictions not only in Jamia but other universities in Delhi.
Later named as Pinjra Tod, the group mobilised people around several issues faced by female residents of hostels and PGs.