Personal liberty of little value before nation’s interest, says Delhi HC; cancels bail granted to owner of Rajdhani Public School in Delhi riots case

Published on:

03 Nov 2020, 4:06 am

The Delhi High Court Monday cancelled the bail granted to Delhi Riots accused Faisal Faraooq, the owner of Rajdhani Public School.

Personal liberty of an individual though precious is of little value if the larger interest of the people and nation are at stake, the Court said.

Finding fault with the findings recorded by the Sessions Court, Justice Suresh Kait observed that Farooq was clearly seen in CCTV footage behind Rajdhani School on February 24 and in front of Rajdhani School till 02:08 pm. He was present till about 02:08 pm on February 24 and thereafter left Rajdhani School. He allowed his school premises to be used by rioters to attack the opposite party.

The Sessions Judge failed to appreciate that while deciding an application for bail, the interest of the society is also to be safeguarded", the High Court said.

The entire country is aggrieved by the action of such offenders who tarnish the basic secular fabric of the nation and it needs to be punished severely, it added.

Justice Kait held that though the accused was not a flight risk, he was wealthy, had a reputation and roots in society and could, therefore, influence witnesses and hamper the trial since the investigation in the present FIR was pending and the prosecution was likely to file a supplementary chargesheet.

The Delhi Police had challenged the Sessions Court order that granted bail to Faraooq on June 20, noting that the "chargesheet is bereft of material showing the links of accused with PFI, Pinjra Tod group and Muslim clerics". The court had also said "it is prima facie not established that the accused was present at the spot at the time of the incident".

Aman Lekhi, Additional Solicitor General, who appeared for the State submitted that the accused was a kingpin and had deliberately facilitated the entry of the rioters from the main gate of his school and in turn, these rioters had caused huge damage to the nearby DRP Public School.

When the Delhi's police's plea seeking cancellation of the bail came up for hearing for the first time, the High Court had stayed the bail. However, on July 3, it had vacated the stay order which later got stayed by the Supreme Court on an appeal filed by the Delhi police.