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A Delhi Court on Saturday denied bail to Ex AAP Councillor Tahir Hussain in two FIRs in relation to information received by Sushant Trauma Centre in relation to gunshot injuries received by two deceased(s) during North East Delhi Riots.

ASJ Vinod Yadav while passing the order rejecting bail observed that, “At the time of eruption of communal riots in the area(s) of North-East Delhi, the applicant has been in a powerful position (being sitting Councillor of the area from Aam Aadmi Party) and it is prima facie apparent that he used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration.”

The Court took note of the fact that the applicant had permitted his house to be used by the miscreants, rioters to play havoc with the lives of the people of other communities and this was done by him under a larger conspiracy investigated by the Special Cell of Delhi Police & thus observed that the statement of the witnesses recorded in the FIR(s) against the applicant clearly showed that the applicant was prima facie instrumental in flaring up the communal riots because of his sheer political & financial clout.

It was also observed that there was enough material on record to presume that the applicant was very well present at the spot of crime and was exhorting the rioters of a particular community and as such, he did not use his hands and fists, but rioters as “human weapons”, who on his instigation could have killed anybody. 

“In fact, it would not be wrong here to say that the applicant by his instigation to the rioters acted as a cannon-fodder for them to wreak havoc upon the persons of majority community in the area/locality. 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. 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, he has no role to play in the riots.”, the Court further added. 

With regards to the “common object”, the Court took note of the fact that the evidence of a number of witnesses recorded in the matter prima facie made it apparent that 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 & thus it could not be said with certainty that the applicant did not have a common object with the other persons of unlawful assembly. 

On point of absence of footage, the Court said that the there was enough ocular evidence available on record which clearly showed applicant’s presence at the spot on the date & time of the incident & therefore the ocular evidence of the independent witnesses was credible at the prima facie stage & gave clear details qua the active role played by the applicant in the incidents in question.

“The statements of witnesses can be said to be delayed when the witnesses are known to the police and yet police do not record their statements; whereas, in a case of rioting, police hardly has any idea as to who the witnesses were.The recovery of several crates of glass bottles having liquid filled in them with their necks stuffed with clothes to be used as Molotov cocktail, large amount of bricks, stones and sling shots from his house, i.e E-7, Khajuri Khas, main Karawal Nagar road, Delhi prima facie points towards his active and lead role in conspiracy and execution of communal riots in the area/locality.”, the Court said. 

Ld Counsel Shri Rizwan represented the accused Tahir Hussain & Shri D.K Bhatia along with Shri Amit Prasad, Ld. Special PPappeared for the State.

Case Title: State V/s Tahir Hussain| Bail Application No.339/2021