Turkman Gate violence case: Can't pick up bystanders, HC to Delhi Police

Delhi High Court rules bystanders cannot be arrested in Turkman Gate violence; emphasizes need for specific evidence of involvement.

The Delhi High Court on Friday (February 6, 2026) said bystanders cannot be "picked up" for being part of the mob that indulged in stone pelting during a demolition exercise near Faiz-e-Elahi mosque in Turkman Gate in Delhi last month.

Justice Prateek Jalan made the oral observation while dealing with a plea for anticipatory bail by a person accused of instigating the crowd.

The court asked Delhi Police to file a status report in response to the plea for pre-arrest bail by Sajid Iqbal detailing the specific role played by him along with video evidence.

Delhi Police counsel said the agency was looking into a "deeper conspiracy" in the case and the accused removed the barricade and instigated the crowd.

Justice Jalan, who was shown a video of the incident, asked the police to bring the video on record with proper time stamps, stating that even if the petitioner was part of the mob, his specific role in the unrest had to be considered.

"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," the court orally observed, and listed the matter for further hearing next week.