Thread by @barandbench

#DelhiHighCourt

Additional Solicitor General S V Raju opposes bail of the accused persons in a #DelhiRiots case: Herculean task to identify people through videography. If a person is identified it's a bonus but if he isn’t, that doesn’t mean he is not part of the mob.

Given the nature of offence, number of people running heater-skelter, videography may not have captured him. Just because they haven’t been identified, they can’t be exonerated: ASG

HC: People are not asking for exoneration people asking for bail.
ASG: Case has offence under S302 (murder). Ordinarily in a 302 offence bail is not to be granted. It's not a simple case. It is 302. Not a simple but grave offence. #DelhiRiots

ASG: In grievous offence, particularly punishable with capital punishment, bail shouldn’t be given. Kindly examine role of each accused.

It was pre-planned offence. One or two days prior to the incident, meetings were held: ASG

ASG relies on a statement to demonstrate that before the visit of US ex-prez #DonaldTrump, the incident was pre-planned. "Didn't happen in the spur of the moment" #DelhiRiots

ASG: Large number of persons in the mob. Not a case where police were lathicharging. Frontal attack on police who were hopelessly outnumbered.... Corroborated by witness statements that it as pre-planned. Therefore presence in such an assembly will attract S149 IPC. #DelhiRiots

HC poses a query: Where was the meeting? What happened in the meeting and did it translate to this level of conspiracy. What material you are able to show that every person in the mob knew exactly what they were doing?

ASG Raju: There are different witness statements for different persons. Unless it has percolated, a large number of persons won't carry swords. Large number of persons will not gather just like that. There has to be something. This is all matter of appreciation of evidence.

ASG: If a person is accused offence guilty of capital punishment or life.. then jail not bail is matter of course. Yardstick of bail, general bail, will not apply where punishment is capital or imprisonment for life. #DelhiRiots

Whether or not he was present, cannot be decided by mere fact that he is not in the video. It is not as if the mob is of 20 persons. Mob of hundreds of persons. The video may not capture you. Video cannot pin-point if a person was there or not, ASG argues.

ASG: One argument of the defense is look at my CDR. Pleading a case of alibi. Law of alibi is settled - when it is impossible for you to be present at a place. If the eye witness says then why shouldn’t the eye witness be believed?

ASG: Videography was not present at all all times, places...Doesn’t cover every part of the incident. Very difficult to capture all accused. Not being in the video cannot be to the advantage of the defense.

ASG Raju: Being in the video adds corroborative value to the statement of the witness. Defense is trying to mislead the court by saying that video is everything... Merely because he is not in the video doesn’t subtract anything from the prosecution case.

ASG refers to Gurcharan Singh v. State of Punjab to substantiate the nature of offence, in this case S302 IPC.

ASG to continue arguments tomorrow.