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The Delhi Police has filed an affidavit before the Delhi High Court in the plea filed by former AAP Councillor Tahir Hussain challenging the charges invoked against him  under UAPA in the larger conspiracy case of the North East Delhi Riots. The Delhi Police has said that petition filed by Hussain is “false, frivolous and vexatious”.

Delhi Police has further submitted that the petition has been filed on “baseless, concocted and absurd facts and circumstances of the case” and “absolutely misconceived” and “unmerited”.

Arguing against the maintainability of the petition Delhi Police pointed out that an alternative remedy as contemplated under the Unlawful Activities (Prevention) Act, 1967 read with National Investigation Agency Act, 2008 is available to the petitioner, therefore, the petition is not maintainable. 

It has been submitted that the petition is also not maintainable as it is in direct conflict to the judgements passed by a three judge bench of the Supreme Court in the Assistant Commissioner of the State Tax and other versus M/s Commercial Steel Limited and Radha Krishan Industries vs State of Himachal Pradesh and Ors.   

The police has further submitted that the relief claimed by the petitioner in the plea is relating to the facts and circumstances of the case which cannot be adjudicated and determined in a writ petition. The factual foundation of the case has been challenged in a writ petition by the petitioner. Further the petitioner can argue the factual position of the case at the stage of consideration of the framing of charges. Section 228, 239, 245 of the Code of Criminal Procedure, 1973 is a specific and precise provision.

It has been argued that the validity of sanction order is a question of fact and therefore, should be left to be determined in the course of the trial and not in the exercise of writ jurisdiction either under Article 226/227 of the Constitution of India or Section 482 of the Code of Criminal Procedure, 1973.

Hussain along with 17 other co accused persons is an accused in FIR No 59/2020 under Section 13,16,17,18 UAPA read with section 120B, 109, 114, 124A, 147, 148, 149, 153A, 186, 201, 212, 295, 302, 307, 341, 353, 395, 420, 427, 435, 436, 452, 454, 468, 471, 34 of IPC and Section 25, 27 of Arms Act and Section 3,4 of the Prevention of Damage to Public Property Act, 1984.

Case Title: Tahir Hussain vs GNCTD