[Delhi Riots] Delhi High Court refuses bail to one accused, grants bail to another in Rattan Lal murder case

The Delhi High Court on Monday granted bail to one accused while rejecting bail to another accused person in connection with the murder of head constable Rattan Lal during the Delhi Riots of February 2020 [State v. Arif]. .Justice Subramonium Prasad allowed the bail plea of Mohd Saleem Khan while refusing bail to Mohd Ibrahim. The Court had earlier granted bail to Shanawaz and Mohd Ayyub while dismissing the pleas of Sadiq and Irshad Ali.The case pertained to the murder of head constable Rattan Lal attached with the Delhi police..Justice Prasad in the bail order Ibrahim noted that the riots, which "shook the national capital of the country" in February 2020 evidently "did not take place in a spur of the moment".The conduct of the protestors, it was stated, seen in the video footage placed on record by the prosecution visibly portrayed it to be a "calculated attempt to dislocate the functioning of the Government" as well as to disrupt the normal life of the people in the city. "The systematic disconnection and destruction of the CCTV cameras also confirms the existence of a preplanned and pre-meditated conspiracy to disturb law and order in the city. This is also evident from the fact that innumerable rioters ruthlessly descended with sticks, dandas, bats etc. upon a hopelessly outnumbered cohort of police officials," it added..This Court said that though it had previously opined on the importance of personal liberty in a democratic polity, it also had to be "categorically noted" that individual liberty can't be misused in a manner that threatens the very fabric of civilised society by attempting to destabilise it and cause hurt to other persons..In Khan's bail order, the Court observed he had spent 17 months behind bars since his arrest. "Bail jurisprudence attempts to bridge the gap between the personal liberty of an accused and ensuring social security remains intact. It is the intricate balance between the securing the personal liberty of an individual and ensuring that this liberty does not lead to an eventual disturbance of public order," it underscored..While opposing the bails of Delhi riots accused persons, Additional Solicitor General S V Raju had argued that the incident in question was of a “frontal attack on police” who were “hopelessly outnumbered”..Five others had been granted bail earlier as the Court said right to protest and express dissent is a right that occupies a fundamental stature in a democratic polity."It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power,” it had held.Of the 11 accused in the case, 8 persons have been granted bail up until now whereas 3 bail pleas have been dismissed..[Delhi Riots] Right to protest, express dissent has fundamental stature in a democracy: Delhi High Court while granting bail to 5 accused.Senior Advocate Salman Khurshid with along with advocate Aadil Singh Boparai appeared for Mohd Saleem Khan.Advocate Shahid Ali appeared for Mohd Ibrahim.Additional Solicitor General SV Raju, Special Public Prosecutor Amit Prasad and advocates Anshuman Raghuvanshi and Ayodhya Prasad represented the State..[Read Orders]