Delhi riots larger conspiracy case: Riots not scheduled offence under NIA Act, argues former AAP Councillor Tahir Hussain
Oct 24, 2024
New Delhi [India], October 25 : Delhi riots 2020 larger conspiracy case accused former MCD councillor Tahir Hussain's counsel on Thursday argued that riots are not scheduled offences under the National Investigation Agency (NIA) Act.
Karkardooma court is hearing arguments on framing of charges levelled against the accused persons.
Delhi police have invoked stringent anti-terror law UAPA against the accused persons.
Additional Sessions Judge (ASJ) Sameer Bajpai heard the arguments advanced by Advocate Rajiv Mohan. The matter is listed for further arguments on Friday.
Advocate Rajiv Mohan along with advocate Rishabh Bhati appeared for accused Tahir Hussain. Delhi police was represented by Special Public Prosecutor Amit Prasad.
At the outset, advocate Rajiv Mohan submitted that, as per Section 6 of the National Investigation Agency Act, 2008, riots are not Scheduled Offences.
He also explained that Section 15 UAPA mentions what a terrorist act is. He argued that merely using a pistol or rifle does not fulfil the requirements of Sec. 15, UAPA.
Advocate Rajiv Mohan further submitted that the word firearms used in Section 15 UAPA means a lethal weapon, like an AK47 or AK57.
On the point of Sanctions, it argued by the counsel that sanctions were accorded without because cognizance has been taken for that particular offence in other cases.
It was further argued that an act against the government or any other political party is not an act against India.
"To invoke the sections of UAPA against the accused, the prosecution must show or establish that the act done by the accused was against the sovereignty of India which is capable enough to strike terror among people. An act which is done with intent to threaten or likely to threaten the unity, integrity, security (economic security) or sovereignty of India or with intent to strike terror or likely to strike terror in the people or any section of the people in India or in any foreign country," Advocate Mohan submitted.
"But in this case, no act has been committed against the sovereignty of India," he added.
The court is hearing arguments on UAPA charges levelled against accused Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Safoora Zargar, Ishrat Jahan, Abdul Khalid Saifi, Mohd. Saleem Khan, Salim Malik, Athar Khan, Gulfisha Fatima, Asif Iqbal Tanha, Meran Haider, and other accused persons. They have been booked under sections of the Indian Penal Code and UAPA.
