The judge said that there is enough material on record to presume that Hussain was "very well present" at the spot of crime and was exhorting the rioters of a particular community.
A Delhi court has denied former AAP councillor Tahir Hussain bail in two Northeast Delhi riot cases, observing that the riots “are a gaping wound in the conscience of a nation aspiring to be a major global power”.
Additional Sessions Judge Vinod Yadav dismissed the bail on Saturday noting that “even if there were no direct acts of violence attributable to the applicant, he cannot shy away from his liability under provisions of 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”.
The court dismissed bail to Hussain in connection with gunshot injuries sustained by two men – Prince Bansal and Ajay. It also clarified that the observations made in the order shall not be “construed as expressing any opinion on the final merits of the case”.
“It is noteworthy that at the time of eruption of communal riots… 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,” the court said.
It said that it is common knowledge that on February 24-25, :parts of Northeast Delhi (were) 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 allegations against the applicant are extremely grave in nature,” the court said.
“Spread of riots on such a big scale in such a short time is not possible without a premeditated conspiracy. So, now when the applicant found himself up against the wall, he cannot pass the buck by simply taking a plea that since he did not participate physically in the riots, he has no role to play… It is prima facie apparent that the applicant abused his muscle power and political clout to foment communal violence in the area,” it added.
Tahir’s lawyer Rizwan had argued that he has been “falsely implicated in the matter by the investigating agency and his political rivals with the sole purpose of harassing him by abuse of the machinery of law”.
Rizwan argued that Tahir is a “victim of circumstances” as “he has been caught up in a political crossfire and the allegations levelled against him are nothing but a political blame game to malign his image”.
Special Public Prosecutor Amit Prasad had argued that Tahir was “the main kingpin/conspirator in the case” who “had instigated the rioters of a particular community and provided logistic support”.
Source: Read Full Article