Court takes cognizance of charge sheet against Tahir Hussain, others

Chief Metropolitan Magistrate Purushottam Pathak said there was sufficient material on record to take cognisance of the offences for rioting, unlawful assembly, attempt to murder, criminal conspiracy and common intention under various sections of the IPC.

A Delhi court has taken cognisance of two charge sheets filed in separate FIRs against former AAP councillor Tahir Hussain and others in two separate cases related to the communal violence in north-east Delhi in February.

Suspended AAP councillor Tahir Hussain arrives at ED office for questioning in connection with ongoing PMLA investigation into his alleged role in money laundering and funding of anti-CAA protests and organising riots in north-east Delhi earlier this year, in New Delhi. (PTI)

Chief Metropolitan Magistrate Purushottam Pathak said there was sufficient material on record to take cognisance of the offences for rioting, unlawful assembly, attempt to murder, criminal conspiracy and common intention under various sections of the IPC against Hussain, Tanvir Malik, Gulfam, Nazim, Kasim, Shah Alam, Riyasat Ali and Liyakat Ali in a case related to riots in Dayalpur area.

The judge, in its order of Monday, also took cognisance of another charge sheet against 16 accused, including Hussain, for various offences under the IPC.

The charge sheet was filed in June against Hussain, Liyakat Ali, Riyasat Ali, Shah Alam, Mohd Shadab, Mohd Abid, Rashid Saifi, Gulfam, Arshad Qayyum, Irshad Ahmad, Mohammad Rihan, Tariq Moin Rizvi, Jagar Khan, HaziIshaq Malik, Mohd Illiyas and Khalid Saifi.

In both the cases, the court, however, did not take cognisance of the offences for promoting enmity between groups based on religion, caste, language etc (section 153 A ), public mischief (505 ) and relevant sections of the Arms Act as the police were yet to obtain sanction from the competent authority.

The investigating officer of Delhi Police informed the court that a letter has been sent to the competent authority, but it is not clear as to how much time it would take to get the sanction.

The court also took cognisance of a charge sheet filed by the crime branch in connection with the murder of Rahul Solanki during the riots, saying it can be prima facie inferred from the material on record that the accused were involved in rioting, murder and other offences at the Shiv Vihar Tiraha on February 24.

Chief Metropolitan Magistrate Purshottam Pathak said the seven accused—Salman, Sonu Saifi, Mohammad Arif, Anish Qureshi, Sirajuddin, Mohammad Furqan and Mohammad Irshad— had a common intention and conspired in the crime.

The police had in its charge sheet filed on June 6 accused all seven of murder, rioting, unlawful assembly, criminal conspiracy, promoting religious enmity, etc.

The judge, however, did not take cognisance for the offence of 153A (promoting religious enmity) for the lack of sanction from the department of prosecution, Delhi government.

According to the police, Solanki had stepped out of his house to buy milk when he was shot dead on February 24.

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