HC to Police: ‘If he’s not Instigating, You can’t Arrest Him’, Mere Presence not enough

The Delhi High Court has cautioned the police against indiscriminately rounding up people present at the site of violence during an anti-encroachment drive near the Faiz-e-Elahi mosque at Turkman Gate, making it clear that mere presence in the area cannot justify arrest. The observation came while the Court examined a plea for anticipatory bail by a man accused of instigating a mob during last month’s stone-pelting incident, a case that has raised concerns over investigative overreach in crowd-control situations.

The case stems from clashes that broke out during a late-night demolition exercise by civic authorities in the Ramlila Maidan area, after rumours spread that a nearby mosque was being demolished. According to the police, nearly 150–200 people gathered and allegedly attacked police and MCD personnel with stones and bottles, leaving several officers injured.

Sajid Iqbal, the bail applicant, has been accused of provoking the crowd, a charge he disputes, claiming he was returning from a relative’s house and was pushed into the gathering. His anticipatory bail plea was earlier rejected by the trial court, prompting him to approach the High Court.

Justice Prateek Jalan underscored that criminal liability must rest on clear evidence of individual conduct, not broad assumptions based on proximity to a disturbance. Directing the Delhi Police to file a detailed status report supported by video footage, the Court remarked, “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.”

While the police claimed to be probing a larger conspiracy behind the violence, the Court signalled that such claims cannot dilute the requirement of specific attribution of roles. The matter has been listed for further hearing next week.

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