Delhi HC Directs Tahir Hussain To Approach Trial Court For Bail

The Delhi High Court on Thursday directed former MCD Councillor Tahir Hussain to approach the trial court for bail in a Delhi riots case, considering the change in circumstances.

The case relates to a gunshot injury to an individual during the Delhi riots on February 25, 2020, and was registered at Dayalpur police station.

Earlier, Tahir Hussain was granted bail in five riots cases at Police station Dayal Pur by a coordinate bench.

In light of this development, Justice Dinesh Kumar Sharma questioned why the counsel for Tahir Hussain had not approached the trial court for bail in the changed circumstances.

The high court emphasized that the petitioner should have sought bail from the trial court in view of the altered situation.

Subsequently, Tahir Hussain’s counsel withdrew the bail plea to pursue it before the trial court. The high court permitted the withdrawal of the petition and directed the trial court to consider the plea in light of the change in circumstances.

Notably, Tahir Hussain’s previous bail plea was dismissed by the trial court on November 23, 2022.

During the hearing, Advocate Tara Narula informed the bench that it is a fresh bail application, as the petitioner has been in custody for more than 3 years.

Further, the counsel highlighted that Tahir Hussain has been granted bail in 5 other riot-related matters, and even the alleged shooters have been granted bail.

The petitioner’s counsel submitted that a chargesheet has been filed and charges has been framed. Therefore, Prosecution evidence has begun in the matter.

While rejecting the plea, the trial court stated that the accused is an influential person and there may be threat and influence on the witness.

The court framed charges against 8 accused including Tahir Hussain on November 5,2022. This case pertains to a gunshot injury to one Ajay Goswami.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Court stated that, “The allegations prima facie accepted against the applicant while deciding charges, would show that he was involved in the conspiracy to ignite riot, instigating the persons from his community against other communities and facilitating the attack on Hindus from his house, after making due preparation for the same.”

The court further stated, “It is undisputed fact that the applicant had been municipal councillor from his area, and thus, a person with followings and having a good influence in his area. The witnesses in this case, who have given account of the role of the applicant, thus, would be under tremendous pressure and threat, if the applicant is granted bail in this case.”

The court observed, “not only there exists a case with serious allegations against the applicant, but there are also serious apprehensions of influence and threat to the witnesses.”

The judge ordered that, keeping in view all these facts and circumstances, I do not find any favourable change in the circumstances for the applicant, so as to allow this application.

Hence, the application is rejected.

The charges were framed against Tahir Hussain, his brother Shah Alam, Tanvir Malik, Gulfam, Nazim, Kasim, Riyasat Ali, and Liyakat Ali under sections 307 read with 120B and 149 of IPC.

The court highlighted that a considerable number of people gathered around Tahir Hussain’s house, some of whom were armed with firing weapons, while acid and petrol bombs were also prepared to target Hindus.

The present case was registered based on the complaint of Ajay Goswami, who sustained a gunshot injury on February 25, 2020, while on the main Karawal Nagar Road.

At the time of the incident, he was returning from his uncle’s house, and after receiving initial treatment at a local hospital, he was admitted to Bada Hindu Rao Hospital.