New Delhi, Feb 6 The Delhi High Court on Friday said bystanders cannot be "picked up" for being part of the mob that indulged in stone pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate here last month.
Justice Prateek Jalan made the oral observation while dealing with a plea for anticipatory bail by a person accused of instigating the crowd.
The court asked Delhi Police to file a status report in response to the plea for pre-arrest bail by Sajid Iqbal detailing the specific role played by him along with video evidence.
Delhi Police counsel said the agency was looking into a "deeper conspiracy" in the case and the accused removed the barricade and instigated the crowd.
Justice Jalan, who was shown a video of the incident, asked the police to bring the video on record with proper time stamps, stating that even if the petitioner was part of the mob, his specific role in the unrest had to be considered.
"If the video material shows he is instigating, you are right. If he is simply passing by, you are not right.. If you are picking up everyone in that area, that will not be permitted," the court orally observed, and listed the matter for further hearing next week.
The petitioner's lawyer asserted that he was not part of the mob that indulged in stone pelting. He said the petitioner was simply coming back from his relative's house when he was pushed into the mob.
The trial court had dismissed the petitioner's anticipatory bail plea on January 21, holding that the investigation was at a preliminary stage.
It had observed that he appeared to be gathering the crowd, in a video, and there was no reason for him to be present there and remove the barricade.
The case pertains to violence during an anti-encroachment drive near the mosque in the Ramlila Maidan area on the intervening night of January 6 and 7.
The police said rumours were spread on social media that the mosque opposite Turkman Gate was being demolished, prompting people to gather at the spot.
They said around 150-200 people hurled stones and glass bottles at the police and MCD personnel, injuring six policemen, including the area's station house officer.
