Delhi court: Ex-councillor Tahir Hussain active rioter, not just conspirator

Additional sessions judge Virendra Bhat noted the statements of the witnesses and said that Hussain was not a mute spectator but was taking active part in the riots and instigating the other members of the unlawful assembly “to teach lessons to the persons belonging to other communities”.

A Delhi court on Friday charged former Aam Aadmi Party (AAP) councillor Tahir Hussain of rioting, arson and criminal conspiracy in connection to a north-east Delhi riots case, saying that “he was not only a mere conspirator but also an active rioter”.

Former Aam Aadmi Party (AAP) councillor Tahir Hussain. (Sanjeev Verma/HT Archive)

The case is related to vandalism and setting ablaze of a shop during the communal violence in February 2020.

Additional sessions judge Virendra Bhat noted the statements of the witnesses and said that Hussain was not a mute spectator but was taking active part in the riots and instigating the other members of the unlawful assembly “to teach lessons to the persons belonging to other communities”.

“Therefore, apart from being charged with the offence of conspiracy, he is also liable to be charged with the offence of rioting and arson,” the judge said in a 30-page order.

Besides Hussain, the court also framed charges against five others -- Anas, Firoz, Javed, Gulfam and Sohaib Alam -- in the matter.

“Perusal of the material on record clearly indicates at the stage that all the six accused were members of the unlawful assembly on February 25 which vandalised and set ablaze the godown of M/s Harsh Trading owned by complainant Karan as well as other properties belonging to the members of the Hindu community,” it said in the order.

The court said that prima facie it appeared that the riotous incident in question was committed in pursuance to a well hatched conspiracy and after elaborate preparations.

“The above referred circumstances nowhere indicate that it was a spontaneous act but clearly reveal that there had been an agreement between the accused herein to commit vandalisation and arson in the properties belonging to Hindu community from the building E-17 belonging to accused Tahir Hussain and elaborate preparations had been done to fulfil the object of the agreement/conspiracy,” the order read.

The court also asserted that due to the hostile and fearful atmosphere created by the riots, the public witnesses, who had occasion to watch the riotous incidents, were not willing to come forward to record their statements which caused delay in investigation of the case.

“...the nationwide lockdown imposed by the government of India from the second week of March 2020 in view of the spread of Covid-19 also put brakes upon the speed of investigation… Keeping in mind these circumstances, the delay in recording the statements of witnesses would appear to be justified to any prudent person at this stage,” the court remarked.

Advocate Rizwan, appearing for Hussain, had claimed that there was no conspiracy in the riots and that his client was falsely implicated.

The police said that Hussain received the licence for a pistol issued nearly a month before the riots and got possession of the weapon and bullets on February 22, 2020, adding that he failed to give a satisfactory reply on why he did so a day before the riots started in Delhi. The police also contended that Hussain moved his family to his parental house in Mustafabad even as he himself stayed behind “to lead his henchmen”.

Communal riots had broken out in north-east Delhi claiming 53 lives and leaving over 700 injured.