Court dismisses Tahir Hussain’s bail plea in two Delhi riots cases

A Delhi court on Saturday dismissed the bail plea of suspended AAP councillor Tahir Hussain in connection with two cases related to the Delhi riots in February 2020, saying that “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”.

Additional sessions judge Vinod Yadav noted that Hussain used “rioters as ‘human weapons’, who on his instigation could have killed anybody”. “…at this stage, I find that there is enough material on record to presume that the applicant (Hussain) 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 (sic),” it noted.

In its 34-page order, the judge noted that the allegations

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against the accused are “extremely grave in nature”.

While Delhi Police’s Special Cell has charged Hussain for rioting, murder and inciting rioters and named him as accused in 11 FIRS, on Saturday, the court was hearing two cases related to gunshot wounds sustained by two persons during the riots.

The court said that even if there were no direct acts of violence attributable to Hussain, 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 for the “rioters and rabble rousers to unleash the worst communal riots since partition in Delhi”.

“He permitted his big house... to be used by rioters to play havoc upon persons of other communities. He indulged in terror funding and collection of means of rioting and thereafter, under a conspiracy hatched at local level, used seduced persons as ‘human weapons’,” he added.

“It is also evident that the participants of the larger conspiracy had collected huge amounts (terror funding) through hawala and other illegal means...and ultimately the smaller conspiracy at local level were given effect to (sic),” the order read.