Delhi Riots 2020: Court Rejects Tahir Hussain’s Bail Plea

A Delhi Court has rejected the regular bail plea of Aam Aadmi Party Ex Councilor Tahir Hussain, who is accused in the broader conspiracy of the Delhi riots under the Unlawful Activities (Prevention) Act, 1967. Additional Sessions Judge Sameer Bajpai of Karkardooma Court dismissed the plea citing the provisions of UA(P)A and the attributed role of the accused based on witness statements.

“In consideration of the aforementioned facts and the provisions under Section 43(D)(5) of UA(P)A, the Court deems the applicant’s case unfit for bail,” the court stated in the order issued on March 30.

The accused was arrested on April 6, 2020, following the current FIR related to the conspiracy of the North East Delhi riots of 2020. The charge-sheet was submitted on September 16, 2020, upon the completion of the investigation. Additionally, supplementary charge-sheets were filed, and the matter remains pending regarding the completion of the investigation.

Upon reviewing the records, the court finds the allegations against the accused prima facie credible. “Regarding the role of the applicant as portrayed by the prosecution, evidence indicates that the applicant not only funded riotous activities but also actively participated in actions leading to the riots,” the court remarked.

The court highlighted witness statements recorded under Section 161 CrPC, particularly citing Rahul Kasana’s testimony, which implicates the accused in distributing funds to protesters for riot preparations and in meetings with co-accused individuals.

“It is also noted that the applicant retrieved his licensed revolver just two days before the alleged incidents, and 22 spent cartridges were recovered from his residence,” the court added.