On Thursday, the Delhi High Court issued a notice regarding the bail plea of Shahrukh Pathan, the individual who brandished a gun at a policeman during the 2020 North-East Delhi riots.

The development arose from FIR 51 of 2020, lodged at Jafrabad Police Station, concerning an incident where Shahrukh Pathan was photographed pointing a gun at a policeman amid the riots. These images had circulated widely on social media platforms.

Justice Jyoti Singh sought a status report from the prosecution and scheduled the next hearing for April 16. Additionally, the court ordered that Shahrukh Pathan's nominal roll be obtained before the next hearing date.

Pathan's counsel argued that the maximum punishment he could receive in the case is 10 years since no injuries were inflicted on anyone. They also highlighted the fact that Pathan has already spent four years in jail.

“Issue notice. Learned APP for the State accepts notice and seeks four weeks time to file a status report. Let the nominal roll be requisitioned before the next date,” the court said.

“Considering the conduct of the accused Shahrukh Pathan in jail during his judicial custody, his conduct prior to his being arrested, conduct during court proceedings and most importantly, the allegations against the accused which are being supported by the eye- witnesses and also the video footage, on any of the counts on which bail can be considered, the Court sees nothing to set him enlarged on bail,” the trial court had said.

The judge noted that a video captured by a journalist during the riots, which subsequently went viral on social media, depicted Shahrukh Pathan firing at the head constable during the time and location of the incident.

Moreover, the court expressed dissatisfaction with Shahrukh Pathan's conduct as evidenced by the jail footage and the recovery of a mobile phone from him, describing it as "completely unsatisfactory."

The FIR was lodged at Jafrabad police station under various sections of the Indian Penal Code (IPC) and the Arms Act. These include:
Section 147: Rioting
Section 148: Rioting, armed with deadly weapon
Section 149: Unlawful assembly
Section 153­A: Promoting enmity between different groups on grounds of religion etc
Section 186: Obstructing public servant in discharge of public functions
Section 188: Disobedience to an order lawfully promulgated by a public servant
Section 307: Attempt to murder
Section 353: Assault or criminal force to deter public servant from discharge of his duty
Section 505: Statements conducing to public mischief
Section 120­B: Criminal conspiracy
Section 34: Common intention
Additionally, Section 27 of the Arms Act, pertaining to punishment for using arms, etc., was also invoked in the FIR.

In December 2021, the trial court formally charged Pathan and other accused individuals named in the FIR. Additionally, the court convicted a man for harboring Shahrukh Pathan under Section 216 of the Indian Penal Code (IPC) after he voluntarily pleaded guilty to the charge leveled against him.