Ex-AAP councillor Tahir Hussain’s bail plea denied in riots case

Additional sessions judge Tyagita Singh rejected the bail application to Hussain who had moved the court saying he was falsely implicated in this case and that arresting him was a part of a well-thought out conspiracy.

A Delhi court on Saturday dismissed the bail application of suspended Aam Aadmi Party councillor Tahir Hussain, who was arrested for the violence in the Delhi riots. The court noted that Hussain was charged with serious offences and the investigation was still underway.

The plea by Hussain had also said that that the main accused in the case, Gulfam, was already in police custody, and Hussain was not named in the FIR as an accused. (Sanjeev Verma/HT PHOTO)

Additional sessions judge Tyagita Singh rejected the bail application to Hussain who had moved the court saying he was falsely implicated in this case and that arresting him was a part of a well-thought out conspiracy.

Appearing for the Delhi police, the additional public prosecutor had opposed the bail application, stating that the accused was the “mastermind” of the riots in north-east Delhi. He said that during investigation, a licensed pistol was recovered from Hussain and the bullet recovered from the body of an injured had been sent to the FSL, along with the pistol, for matching.

The Investigation officer (IO) further stated that various persons had reported to the police that the rioters used the terrace of Hussain’s house for pelting stones and throwing petrol bombs on public property. He stated that the special team of the crime branch was still investigating and there was apprehension that the accused will influence or threaten the witnesses or will tamper with the evidence.

After hearing the arguments, the court said, “Keeping in view the fact that the accused (Hussain) is charged with serious offence of murder under section 307 IPC besides other sections and investigation is still under process, therefore, no ground for regular bail is made out.”

The plea by Hussain had also said that that the main accused in the case, Gulfam, was already in police custody, and Hussain was not named in the FIR as an accused. It also said that the applications seeking police custody and judicial custody by the prosecution had not shown entirely what Hussain was investigated for or why his further custody was required.

The FIR against Hussain was registered on a complaint by Ajay Goswami who had said that while he was going to his uncle’s house on February 25, he saw a mob pelting stones from Hussain’s house. When he started running towards his uncle’s house, something, like a bullet, forcefully hit him on his right hip.

The FIR said Goswami heard people saying that several persons were firing bullets, throwing petrol bombs and pelting stones from Hussain’s house.

Hussain has also been booked under the stringent Unlawful Activities (Prevention) Act in a separate case related to the February riots in northeast Delhi. He has also been arrested in the murder case of Intelligence Bureau staffer Ankit Sharma.