A Delhi Court on Saturday dismissed the bail plea of former Aam Aadmi Party (AAP) councillor Tahir Hussain in connection with two cases related to northeast Delhi violence.
Dismissing the plea, the court said it is prima facie apparent that the applicant (Hussain) "abused his muscle power and political clout to foment communal violence in the area."
"It is a matter of record that public witnesses in the aforesaid matters are residents of the same locality and if released on bail at this stage, the possibility of applicant threatening or intimidating them cannot be ruled out," Additional Sessions Judge Vinod Yadav said in his order.
The judge said that considering the facts and circumstances of the cases in totality, "the gravity of the offence" and the "influence" which Hussain holds in the area, he does not find it to be a fit case for granting bail to the applicant in both the captioned matters. "Both the bail applications are accordingly dismissed," the judge said.
"It is common knowledge that the dreary day(s) of 24/25.02.2020 saw parts of north-east Delhi gripped by a communal frenzy, reminiscent of carnage during the days of partition. Soon, the riots spread like wildfire across the smoke-grey skyline of capital, engulfing new areas and snuffing out more and more innocent lives. The Delhi riots 2020 are a gaping wound in the conscience of a nation aspiring to be a major global power," the court said.
"The allegations against the applicant are extremely grave in nature. Even if there were no direct acts of violence attributable to the applicant, 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/centre point for the rioters and rabble-rousers to unleash the worst communal riots since partition in Delhi," it added.
The court said the spread of riots on such a big scale in such a short time was not possible without a premeditated conspiracy.
"So, now when the applicant found himself up against the wall, he cannot pass on the buck by simply taking a plea that since he did not participate physically in the riots, so he has no role to play in the riots. It is prima facie apparent that the applicant abused his muscle power and political clout to foment communal violence in the area," the court added.
Hussain had sought bail in two cases pertaining to violence in northeast Delhi.
One FIR was filed in Dayalpur police station regarding gunshot injury sustained by one Ajay on his right arm at Chand Bagh Puliya near Lakhpat School Main Road.
In the FIR, the injured Ajay had said that he had come out from his house to purchase few household articles and when he reached near Lakhpat School, Chand Bagh, he noticed that a riotous mob was pelting stones, throwing petrol bombs and firing gunshots from the terrace of the house belonging to the applicant, upon the persons of other community. He had said that one of the persons from the said riotous mob fired upon him, as a result of which he sustained gunshot injury on his right arm.
The second FIR also pertains to a gunshot injury sustained by one Prince Bansal, on his upper abdomen left side, at Chand Bagh Puliya, near Lakhpat School Main Road.
The court said that at this stage, it finds 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."
"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 the majority community in the area/locality. At this stage, it is clearly evident that the applicant had misused his official position and political clout to instigate the rioters of his community to wreak havoc on the members of other community," the court added.
The former AAP councillor was named as an accused in 11 FIRs filed by Delhi Police and one complaint under money laundering charges being probed by the Enforcement Directorate.
More than 750 cases were registered over the violence in northeast Delhi in which at least 53 people were killed and several others were injured. So far, over 250 chargesheets have been filed in the riots related cases in which many accused have been chargesheeted.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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