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The Delhi High Court today issued notice in plea by former AAP Councillor Tahir Hussain against imposition of charges under Unlawful Activities (Prevention) Act, 1967 in the chargesheet filed against him by the Delhi Police in the larger conspiracy case of the Northeast Delhi Riots.

The single judge bench of Justice Mukta Gupta while issuing notice in the plea listed the matter for next hearing on September 28, 2021.

The petition filed through Advocates Sujit Gupta and Devesh Malan states that the  chargesheet which runs in excess of 24,000 pages had been reviewed by the review committee, which is required to give its independent review under section 45 (2) of the Unlawful Activities (Prevention) Act, in just about one single day.

The petitioner has submitted that the committee received the investigation material on July 30, 2020 and undertook the review and submitted its report on July 31, 2020 itself.

It has further been pointed out that the review committee is set up to undertake a careful independent review. Such careful independent review of material running in excess of 24,000 pages cannot be undertaken in a single day. There has been no application of mind on part of the review committee and the recommendation to grant sanction for prosecution under section 13 of the act has been mechanically given. This vitiates the very grant of sanction for prosecution with respect to section 13 of UAPA.

The petitioner has also submitted that the investigating agency has accused him of instigating and leading riots. The investigating agency has placed a number of videos on record. While these videos do show the petitioner on the roof of his house moving around in an agitated and scared manner with a few persons with smoke billowing from behind his house; there is no video whatsoever which actually identifies the petitioner in the act of leading and instigating riots. From the videos, the petitioner comes as a victim and not as an attacker.

The petitioner has thus prayed for setting aside sections 13, 16, 17 and 18 of UAPA that have been imposed in the chargesheet filed by the Delhi Police.

The petitioner has further prayed to set aside the grant of sanction for prosecution under sections 13, 16, 17 and 18 of Unlawful Activities (Prevention) Act, 1967 in the chargesheet filed and to set aside the approval given by the review committee towards grant of sanction for prosecution.

Case Title: Tahir Hussain vs Union Of India and ors