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Sunday, April 2, 2023

Judge rejects Tahir Hussain’s bail plea, says he was kingpin in fanning communal violence

Perpetrator of Delhi anti-Hindu pogrom Tahir Hussain was denied bail by Additional Sessions Judge (ASJ) Vinod Yadav. ASJ Yadav made some damning observations and comments while rejecting the bail pleas of Hussain in connection with two cases of gunshot injuries sustained by two men during the widespread riots in the city’s northeast area in February last year.

Some of the important observations made by ASJ Yadav as reported by Live Law are:

“The spread of riots on such a big scale in such a short time is not possible without a premeditated conspiracy. So, now when the applicant found himself up against the wall, he cannot pass on the buck by simply taking a plea that since he did not participate physically in the riots, so he has no role to play in the riots. It is prima facie apparent that Tahir Hussain used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration.”

“The riotous mob armed with lethal weapons had engaged in vandalism, looting and torching of public and private properties and their main objective was to cause maximum damage to the lives and properties of persons belonging to other community. Therefore, at this stage it cannot be said with certainty that the applicant did not have a common object with the other persons of unlawful assembly.”

The defense lawyer put forward the argument that Tahir Hussain was simply caught in a political crossfire and was being targeted by political rivals as he belonged to AAP (Aam Aadmi Party). The Court, however, did not find any merit in the argument put forth by Hussain that he has been been falsely implicated in the matter or that there is no legally sustainable evidence available against him.

The court observed:

“They were in a position to mobilise the local persons from a particular community to come up in arms against the persons of other community and law enforcement agencies to create havoc. The apparent object of execution of such smaller conspiracy(ies) was to make the presence of a particular community felt, to create a rein of terror and to destabilize the law and order position, so that the Central Government could be made to succumb to their demands.”

Observing that Hussain misused his official position and political clout to instigate the rioters of his community to wreak havoc on the members of other community, the Court denied him the grant of bail. It said:

“The Delhi riots 2020 are a gaping wound in the conscience of a nation aspiring to be a major global power. The allegations against the applicant are extremely grave in nature. Even if there were no direct acts of violence attributable to the applicant, he cannot shy away from his liability under the provisions of the sections invoked against him, particularly on account of the fact that his house/building became the hub/centre point for the rioters and rabble-rousers to unleash the worst communal riots since partition in Delhi. The spread of riots on such a big scale in such a short time is not possible without a premeditated conspiracy.”

Court had found prima facie evidence of  conspiracy by AAP councillor Tahir Hussain in the anti-Hindu Delhi pogrom and therefore allowed proceedings against Tahir Hussain and others. The anti-Hindu Delhi riots were plotted by Islamists led by the likes of Tahir Hussain and Khalid in which as many as 53 people including IB officer Ankit Sharma lost their lives.

(Featured Image Source: Times Now)

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