SHEIKH ISHRAFIL Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) This petition has been filed under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C. ") with the following prayers:-

(2.) Mr. Bhoopendra Singh, learned counsel for the petitioner, submitted that the police, namely, the respondents No.1 to 7, were coming to his residence under the cover of investigations and were subjecting the petitioner and his family to harassment. It was submitted that an incident had taken place at Jahangir Puri on 16/4/2022 and the police were seeking to allege that he and his family members had been somehow involved in the same. However, it is the case of the petitioner that his father had expired on 14/4/2022 and according to Muslim rites and customs, Teeja of his late father was performed on 16/4/2022, which started at around 12 noon to 11 p.m. near Eidgah C-Block, Jahangir Puri, Delhi. The petitioner 's entire family, including his five sons, were involved in these rites. 500 persons were invited and at about 6:45 p.m., Roza Iftar was also arranged. Unfortunately, on the same day, at about 6 p.m., a commotion erupted in which, there was pelting of stones between two communities. On 17/4/2022, at about 3 a.m., the police from Police Station Jahangir Puri came to the house of the petitioner 's eldest son and picked him up and subsequently, he was sent to judicial custody, on allegations of being involved in the Jahangir Puri riots.

(3.) The learned counsel emphasized repeatedly that the petitioner, as a citizen of this country, had the Fundamental Right to live with dignity and fearlessly, as assured under Article 21 of the Constitution of India. Therefore, it was submitted that the police be restrained from harassing him and his family.