Mohd. Arshad Ahmad v. Pramod Chauhan Sho P.S. Nabi Karim

$~70 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 307/2024 & CM APPL. 10549/2024 MOHD. ARSHAD AHMAD ..... Petitioner Through:

Mr. M. Sufian Siddiqui with Mr.

Rakesh Bhugra, Mr. M. Niyazuddin and Ms. Alya Veronica, Advocates.

(M): 9873344786 versus PRAMOD CHAUHAN SHO P.S. NABI KARIM ..... Respondent Through:

Mr. Abhinav Singh with Ms. Swega Agarwal and Ms. Bhavi Garg, Advocates for respondent/Delhi Police.

(M): 6396295068 Email: abhinavsinghadv@gmail.com

CORAM:

HON'BLE MS. JUSTICE MINI PUSHKARNA % 21.02.2024

O R D E R

CM APPL. 10549/2024 (For Exemption) 1.

Exemption allowed, subject to just exceptions. 2.

Application is disposed of.

CONT.CAS(C) 307/2024 3.

The present petition has been filed alleging willful disobedience of the th August, 2020 passed by this Court in W.P. (Crl.) No. order dated 17 1101/2020, tilted as Mohd. Arshad Ahmad Versus The State NCT of Delhi & Ors.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

By way of the aforesaid order, the following directions had been issued:- "xxx xxx xxx

16. In view of the above, the present petition is disposed of with a direction to respondents Nos. 1 and 2, namely the State (NCT of Delhi) and SHO, PS: Nabi Karim, to ensure that no hindrance or obstruction is caused to the petitioner in performing his official and religious duties as Imam of the Masjid in the context of the allegations contained in this petition; and in case of any eventuality, to respond and deal with any breach of peace or law and order, in accordance with law.

xxx xxx xxx"

5.

Learned counsel appearing for the petitioner submits that the petitioner recently approached the SHO, Police Station Nabi Karim requesting for adequate police assistance for the upcoming auspicious religious occasion of "Shab-E Baraat" which is scheduled from 6:00 pm on 25th February, 2024 till 7:00 am on 26th February, 2024.

th 6.

He submits that petitioner went with representation dated 13 February, 2024 addressed to the aforesaid SHO. However, the petitioner was treated badly. Further, no acknowledgment to the said representation was given by the respondent.

7.

Per contra, learned counsel appearing for the respondent disputes the th aforesaid contention. He submits that the order dated 17 August, 2020 passed by this Court is being complied by the police and whenever any police assistance is sought, the same is being provided by the respondents. 8.

Having heard learned counsel for the parties, this Court directs that the police assistance shall be provided by SHO, Police Station Nabi Karim to ensure that religious ceremony of "Shab-E Baraat" scheduled from 6:00 th February, 2024 till 7:00 AM on 26th February, 2024 is carried PM on 25 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

out unhindered, without any inference from any quarters. 9.

The police shall also ensure that the petitioner is neither manhandled by any person nor any obstruction is caused in discharge of his duties during the course of the aforesaid religious ceremony. 10.

With the aforesaid directions, the present petition is disposed of. 11.

Needless to state, the respondents shall continue to comply with the order dated 17th August, 2020 in its true letter and spirit.

MINI PUSHKARNA, J FEBRUARY 21, 2024 c The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.