Tahir Hussain's petition challenging UAPA charges 'attempt to stall trial' in violence case: Delhi Police to HC
Sep 28, 2021
New Delhi [India], September 28 : Delhi Police has told the Delhi High Court suspended Aam Aadmi Party (AAP) councillor Tahir Hussain's petition challenging the UAPA charges invoked against him, is an attempt to stall the trial in the north-east violence case.
"It is abundantly clear that the petition is nothing but an attempt to short-circuit the trial and stall the same. Therefore, any aspersions cast on the grant of sanction can only be looked at by the trial court and the same does not fall within the adjudicatory realm of the Writ Court," Delhi Police said in an affidavit.
The affidavit was filed by Special Cell's DCP PS Kushwah through advocate Amit Mahajan and Rajat Nair in response to Hussain's petition.
Hussain, in his petition filed through advocate Sujit Gupta and Devesh Kumar Malan, has sought to set aside the grant of sanction for prosecution under sections 13, 16, 17 and 18 of Unlawful Activities (Prevention) Act, 1967 in the charge-sheet filed by Delhi Police.
The police called the petition filed by Hussain "false, frivolous and vexatious". The affidavit also referred to the petition as "abuse and misuse" of the process of law.
Delhi Police further claimed Hussain's petition baseless, concocted and absurd facts and circumstances of the case. "There is no cause of action in the present matter. The Petition is absolutely misconceived, unmerited and being devoid of merits of the case," said Delhi Police urging the Delhi High Court to dismiss the plea.
Delhi Police also apprised the court that besides Hussain, 16 other accused are also charge-sheeted in the larger conspiracy case under the provisions of UAPA.
Apart from this matter, Hussain has been named as an accused in around 10 other FIRs filed by Delhi Police and one complaint under money laundering charges being probed by Enforcement Directorate.
More than 750 cases were registered over the northeast Delhi violence, in which at least 53 people were killed and several others were injured. So far, over 250 charge sheets have been filed in the riots related cases in which many accused have been charge-sheeted.