Three people charged with murder in a case related to the riots in Delhi last year, have been released on bail based on an The Bharat Express News video. The Bharat Express News’s Ravish Kumar video was shown on a Prime Time program. The defense had pointed out that the video, which the prosecution had used as key evidence, did not show any of the accused.
The Delhi High Court said: “There is no evidence, direct or circumstantial, or forensic against these three people accused of killing a Shahid during the riots in Delhi in February 2020”.
The petitioners – Junaid, Chand Mohammad and Irshad – had been in detention for 10 months since April 2020.
Police said the defendants were part of the Muslim group that stood on the roof of the Saptarishi building in the Chand Bagh area of northeast Delhi to attack The Bharat Express News groups, who stood on the rooftops of other buildings, shooting and throwing stones.
Police alleged that Shahid, who was also present at the top of the Saptarishi building, was killed as a result of a gunshot.
The The Bharat Express News report showed video that captured gunfire from the roof of the Mohan Nursing Home building, which was across from the Saptarishi building.
The bench observed that the police focused only on the buildings on one side of the investigation, ignoring the shots from the Mohan Nursing Home.
“As a learned lawyer for the petitioner claims, in the same video the police relied on, exactly after the video was shown for 10 minutes, it is seen that Ravish Kumar, a prime-time presenter of The Bharat Express News, said that one person shoots a rifle from Mohan Nursing Home hospital and wears a helmet, there is another person covering the gun with a handkerchief and later they can be seen in the videos as well, ”the judge said Suresh Kumar Kait.
“But the investigating agency appears to have focused only on one side of the building, although this is a recognized case of prosecution of rioters on both sides throwing stones and shooting at each other. from the Mohan care home and not from the Saptarishi building. “
Based on the nature of the entry and exit injuries and analysis of the video, the bench observed that the shot may have been caused by a long range shot from the Mohan Nursing Home.
The judge also observed that it was hard to believe that the petitioners will kill someone from their own community during the riots.
The court said: “There was no motive for them, or any other person allegedly present on the roof of the Saptarishi building, to commit the offense, and the prosecution has not alleged any motive overall. of the case. So, it is hard to believe that a community riot can be used by petitioners to cause the death of someone from their own community. “
The court noted that no firearms had been recovered from the applicants and that charges had not yet been laid during the trial, which will likely take a long time. The court ordered the applicants, who had been in detention since April 1, 2020, to be released on bail.