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Synopsis

The Delhi High Court on Thursday asked former Aam Aadmi Party (AAP) Councillor Tahir Hussain to approach the trial court for bail in a 2020 north east Delhi riots case, in view of the change in circumstances.

Advocate Tara Narula, on behalf of Hussain submitted, “This is a fresh bail application. I have been in custody for 3 years and 4 months. After the dismissal of bail by the trial court, a co-ordinate bench of this court has granted me bail in 5 matters, two of those are exactly the same as before my lord today!”

The counsel contended that the matter pertains to gunshot injury to one person during the Delhi riots on February 25, 2020, wherein a case was registered at Dayalpur police station.

Justice Dinesh Kumar Sharma asked the counsel, “Why didn’t you approach the trial court after the changed circumstances?”

To this, the counsel wished to withdraw the present plea with liberty to approach the trial court.

The single-judge bench allowed withdrawal of the plea and directed the trial court to consider the plea in view of the change in circumstances.

“Learned counsel for petitioner seeks permission to withdraw the present bail application with liberty to file the fresh bail application before the learned trial court, in view of the order passed by this court dated 12.07.2023. Liberty granted. Learned Trial court is directed to consider the bail application in accordance with law”, the court ordered.

Recently, in July the bench of Justice Anish Dayal had "granted bail" to former Aam Aadmi Party (AAP) Councilor Tahir Hussain in five FIRs registered against him at Dayalpur Police Station, in connection with the Delhi Riots 2020 case. 

However, Hussain remained in judicial custody in other FIRs registered against him for charges under Unlawful Activities Prevention Act (UAPA), in connection with the Delhi Riots 2020. 

In November last year, the High Court had dismissed Hussain's plea seeking quashing and setting aside of charges framed against him by the trial court under the provisions of the Prevention of Money Laundering Act, in connection with the North East Delhi Riots 2020.

Also, Karkardooma Court, Delhi in December 2022 had held that Hussain and ten others accused in the 2020 north-east Delhi Riots case had an "objective to harm Hindus in their body and property". The judge had noted that several people gathered at Tahir Hussain's house, some of them were armed with firearms, petrol bombs were also arranged, and stones were kept in his house in sacks and other containers. All of these tactics were used to specifically target Hindus, he had stated.

On November 3, 2022, Additional Sessions Judge Amitabh Rawat of the Karkardooma Court had framed charges against the former AAP Councilor under Sections 3 and 4 of the PMLA in the other case. The court had also denied him statutory bail under Section 167(2) CrPC.

Case Title: Mohd. Tahir Hussain v. State of NCT Delhi