A day after the Delhi High Court witnessed a battle between counsels of the state and the central governments over representing the police, Additional Solicitor General (ASG) Aman Lekhi, here on Tuesday, appraised the court that the controversy “has been sorted”.
“The controversy has been resolved. I will appear for the state. I had the instructions to appear in the case, which is why I appeared yesterday (on Monday). He (Rahul Mehra) must have realized it by now, and that’s why he is not present today (on Tuesday),” Lekhi told a single-judge Bench of Justice Suresh Kumar Kait.
The submission came while the court was hearing through video link an application by the Delhi Police, seeking cancellation of bail granted to Faisal Farooq, owner of Rajdhani School, in Delhi riots case.
Meanwhile, Farooq’s counsel told the court his client was arrested by the Delhi Police on Monday in connection with another case relating to the Delhi riots.
Following which, Justice Kait adjourned the matter for July 1 and asked Farooq’s counsel to file his reply before the next date of hearing.
Staying the bail granted to Farooq, the Bench on Monday said, “Till further order, if the respondent/accused, pursuant to order dated 20.06.2020, is still in custody, he shall not be released.”
On Monday, Solicitor General Tushar Mehta appeared for the Delhi Police. Simultaneously, Mehra too entered his appearance and submitted that the central government had no power to file the present petition.
On this, Mehta said he had received instructions from the central government to file the petition and to appear before this court. But it was disputed by Mehra. Then Mehta, submitted before the court that in such a situation he would like permission to withdraw his name from the case.
on June 20, a Delhi court had granted bail to Farooq saying the charge-sheet didn’t provide any evidence of terror funding or his alleged links with the ‘Pinjra Tod’ group, the Popular Front of India (PFI) and Muslim clerics.
The prima facie evidence suggested that he was not present at the spot at the time of the incident, it added.
In the charge-sheet filed before Metropolitan Magistrate Richa Parihar, the Delhi Police said Farooq visited Deoband on February 23, a day before the riots began in the Shiv Vihar and its neighboring areas.
“His (Farooq) call detail analysis and links with prominent members of the PFI, the Pinjra Tod group, the Jamia Coordination Committee, the Hazrat Nizamuddin Markaz, and some other Muslim clerics, including Deoband, indicated the depth of the conspiracy,” the police said.
The case relates to riots that broke out on February 24 outside Shiv Vihar’s Rajdhani School where another school — DRP Convent — and a sweet shop was burnt and a man trapped inside the shop died. 18 people including Farooq were arrested in this regard.
“The rioters had camped inside and fired from the terrace of Rajdhani School. They also threw petrol bombs, acid, bricks, stones and other missiles using an improvised large iron catapult, installed for the purpose,” the police said.
According to the charge-sheet, Farooq had hatched a conspiracy to precipitate and aggravate riots in and around Rajdhani School. On his instruction, the adjacent, rival DRP Convent School, two2 parking lots, run by the other party, and the building of Anil Sweets were destroyed by the mob.