COURT ORDERS FRAMING OF CHARGES AGAINST TAHIR HUSSAIN IN DELHI RIOTS CASE

A Delhi court on Friday ordered the framing of rioting, arson, and other charges against former AAP councillor Tahir Hussain and others for “prima facie” hatching a conspiracy to target the people of the “Hindu community” and their properties in February 2020.

Additional sessions judge Virender Bhat ordered the framing of charges against Hussain, Anas, Firoz, Javed, Gulfam, and Sohaib Alam.

The court ordered the accused on trial for various offences punishable under sections, including 120-B (criminal conspiracy), 147 (rioting), 148 (Rioting, armed with a deadly weapon), 427 (Mischief causing damage to the amount of fifty rupees or more), 436 (mischief by fire or explosive substance with intent to destroy the house, etc.) and 395 (dacoity) of the Indian Penal Code.

The court further ordered the framing of charges under sections 109 (punishment of abetment) and 114 (abettor present when the offence is committed) against Hussain.

“It prima-facie appears that the riotous incident in question was committed in pursuance to a well-hatched conspiracy and after elaborate preparations as also in the execution of the wellthought plan,” the judge said.

He said that the circumstances “nowhere indicated that it was a spontaneous act”, but clearly revealed that there had been “an agreement between the accused to commit vandalisation and arson in the properties belonging to Hindu community from the building of Tahir Hussain” and that elaborate preparation had been done to execute the plan.

The judge also noted from the testimony of one of the witnesses, who said that Hussain was leading the Muslim rioters and instigating them to “teach a lesson to infiddles (Kafirs)” and upon instigation, the rioters became very violent.“It is, thus, evident that the accused Hussain was not only a mere conspirator but an active rioter also,” the court said. Therefore, apart from being charged with the offence of conspiracy, he is also liable to be charged for the offence of rioting, arson, etc., the judge said.The FIR was lodged on the complaint of a businessman, Karan, whose godown was vandalized and set ablaze in Chand Bagh, Delhi in, 2020.

THE FIR WAS LODGED ON THE COMPLAINT OF A BUSINESSMAN WHOSE GODOWN WAS VANDALIZED