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AAP leader Tahir Hussain denied bail by Delhi court in Delhi riots case

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New Delhi (ILNS): A Delhi court today denied bail to AAP leader Tahir Hussain, accused in the north east Delhi riots case.

Additional Sessions Judge Vinod Yadav was hearing the bail applications by Hussain who is accused of  alleged involvement in the communal riots in north east Delhi which took place this year in February.

Hussain argued that he belongs to Aam Aadmi Party and is a “victim of circumstances”, as he has been caught up in a political cross-fire and the allegations levelled against him are nothing but a political blame game to malign his image.

He further submitted that there is no evidence by way of even a single video footage or CCTV footage to prove that he had participated in the riots or caused damage to any property.

The Court, however, rejected his contention, saying that from the evidence of a number of witnesses recorded in the matter, it is prima facie apparent that the “riotous mob” armed with “lethal weapons” had engaged in vandalism, looting and torching of public and private properties and their main objective was to cause maximum damage to the lives and properties of persons belonging to other community. Therefore, at this stage it cannot be said with certainty that the applicant did not have a common object with the other persons of unlawful assembly.

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The Court further observed that even if there was no video footage or CCTV footage showing the presence of the applicant at the spot, there is enough ocular evidence available on record which gives the clear details qua the active role played by him in the incidents in question.

The bench thus rejected Hussain’s argument that since he was not physically present he had no role to play in the riots. The bench said: “It is noteworthy that at the time of eruption of communal riots in the area(s) of North-East Delhi, the applicant has been in a powerful position (being sitting Councillor of the area from Aam Aadmi Party) and 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.  Therefore, at this stage, I find that there is enough material on record to presume that the applicant 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.”

Read the order here;

Bail-Order-Common-Tahir-Hussain-FIR-Nos.80-117-120-of-20-All-Dayalpur-Items-No.2425-26-22.10.2020

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