Tahir Hussain was 'active rioter' in northeast violence: Delhi Court

New Delhi [India], May 6 : A Delhi Court on Friday ordered for framing of charges in a case related to North East Delhi Violence after observing that the accused Tahir Hussain was not only a "mere conspirator" but also an "active rioter".
The court observed, "it is evident that the accused Tahir Hussain was not only a mere conspirator but an active rioter also. He was not a mute spectator but was taking an active part in the riots and instigating the other members of the unlawful assembly to teach a lesson to the persons belonging to other communities.
"Therefore, apart from being charged with the offence of conspiracy, he is also liable to be charged for the offence of rioting, arson etc," said the court
The Additional Sessions Judge Virender Bhat today ordered the framing of charges against former AAP leader Tahir Hussain and 5 others accused of conspiracy under section 120B of IPC.
The court said that further charges under sections 147/148/427/435/436/395 of IPC r/w and section 149 IPC also are liable to be framed against all accused.
In the case, the charge sheet also mentioned that during further investigation, it was revealed that accused Tahir Hussain had got issued a licensed pistol and 100 rounds which he had deposited in the police station Khajuri Khas on January 7, 2020, and got the same released on February 22, 2020, that is, just before the commencement of riots.
The court also noted the case of the prosecution is that six accused namely Tahir Hussain, Anas, Firoz, Javed, Gulfam and Shoaib Alam accused had hatched a conspiracy, the objective of which was to commit riots in the Khajuri Khas area, thereby, targetting the people belonging to Hindu community as well as their properties.
Accordingly, the accused have been charge-sheeted by the police for the offences under sections 109/114/147/148/149/427/454/395/ 435/436/ 153A/ 505 /120B/34 of IPC, by the crime branch of Delhi Police.
The charge sheet further stated that some videos and CCTV footage were received in the Cyber Cell or Crime Branch through social media with regards to the incident that occurred near the building of the accused Tahir Hussain.
It is stated that a large number of rioters are seen in these video footages pelting stones, petrol bombs etc. targeting the persons belonging to the Hindu community as well as their houses from the rooftop and other floors of the building of accused Tahir Hussain.
The prosecution alleged that accused Tahir Hussain, who was the Municipal Councillor of the area at that time and had his office on the first floor of the building, was leading the riotous mob from his house and also from the Mosque near Chand Bagh Pulia in February 2020.
It is stated that he provoked and instigated Muslims against the Hindus and gave riots a communal colour in order to promote enmity between the members of the two religions.
It is also stated that on the provocation or instigation of accused Tahir Hussain, Muslims turned violent and started pelting stones, petrol bombs etc. at the persons belonging to the Hindu community as well as burning their shops or houses. It is in this process that the godown of the complainant was vandalized, ransacked and set ablaze, reads the charge sheet.
On behalf of accused Tahir Hussain, it was submitted by his counsel that no incriminating material has been seized from the building of this accused in this case.
He pointed out that all the seizures had taken place during the investigation and mere copies of those seizure memos have been filed along with the charge sheet in this case, on the basis of which no inference regarding the culpability of the accused in the riotous incident involved in this case can be drawn.
It was also argued by his Counsel that Tahir Hussain has been arraigned as accused in this case only for the offence of conspiracy under section 120B IPC but the material on record does not show the existence of any such conspiracy with the object to cause riots in Khajuri Khas area.
The Counsel would submit that as per the case of the prosecution itself, there was a larger conspiracy hatched between certain persons with the object of causing riots in Delhi to show strong protest against CAA or NRC, which is the subject matter of the charge sheet filed.
He also pointed out that accused Tahir Hussain has been implicated as a conspirator in that case also and therefore, he cannot be signed again as a conspirator in this case which would be tantamount double jeopardy.