The Delhi Police on Wednesday conducted the videography, photography and physical measurement checks of Shahrukh Pathan, who was caught on camera brandishing a gun at a policeman during the riots in North-East Delhi in February. This was done at the Forensic Science Laboratory in Rohini to confirm his identity.
The photograph of the 23-year-old Shahrukh, which showed him pointing a gun at Head Constable Deepak Dahiya, had gone viral. He was arrested on March 3 and was charged by the police on May 1, along with two other alleged accomplices. He is presently lodged in Tihar Jail.
The procedure was conducted by the Crime Branch a day after Metropolitan Magistrate Fahad Uddin dismissed an application moved by Shahrukh against a July 29 order passed by the court granting permission to the police to conduct the forensic checks.
The police’s application referred to Section 5 of the Identification of the Prisoners Act, which alludes to the “power to Magistrate to order a person to be measured or photographed”. The court allowed it stating that the procedure is essential for the confirmation of the identity of the accused as well as for the purpose of the investigation.
Shahrukh, through an application filed by his advocates Asghar Khan, Abdul Tahir Khan and Tariq Nasir, stated that the prosecution has failed to provide any reasonable requirement for conducting physical measurement, videography and photography.
“751 FIRs have been registered in the Delhi riots case and many accused persons were captured on the CCTV footage. However, the said application for conducting physical measurement, videography and photography was moved only in the present case,” Pathan’s counsel stated in the application.
The court, however, noted that, “The present application is without merit and hence dismissed.” It nonetheless allowed Shahrukh’s counsel Asghar Khan to be present at the FSL and have an interview with him for ten minutes at 10 a.m. on August 5 in the “interest of justice”.
According to one of Pathan’s lawyers, Asghar Khan met Pathan at the FSL on Wednesday after the court’s order.
Communal violence broke out in North-East Delhi on February 24 after clashes between the citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.