Delhi HC Seeks Police Response On Tahir Hussain’s Bail Plea In 2020 Delhi Riots Case

Delhi High Court on Wednesday sought Delhi Police’s response to former AAP councillor Tahir Hussain’s plea for regular bail in a case related to the alleged larger conspiracy behind the 2020 Delhi riots.

The development comes months after a trial court denied Hussain bail, holding that a prima facie case existed against him under the Unlawful Activities (Prevention) Act (UAPA). According to PTI, Hussain is among several accused facing charges in the larger conspiracy case being investigated by Delhi Police’s Special Cell in connection with the February 2020 violence that left 53 people dead and over 700 injured.

A vacation bench of Justices Neena Bansal Krishna and Madhu Jain directed Delhi Police to file its reply within four weeks to Hussain’s appeal challenging the trial court’s January 29 order refusing him relief.

Additional Solicitor General S V Raju sought time on behalf of the agency to file its response, reported PTI. The bench posted the matter for hearing on July 14 and also granted time to the police to respond to Hussain’s application seeking condonation of an 87-day delay in filing the appeal.

Hussain and several others were booked under the anti-terror law UAPA, with police alleging they were the “masterminds” behind the February 2020 riots.

The violence erupted amid protests against the Citizenship (Amendment) Act (CAA), 2019, and the National Register of Citizens (NRC).

Activists Sharjeel Imam, Khalid Saifi and Umar Khalid are among those also accused in the larger conspiracy case being investigated by Delhi Police’s Special Cell.

On January 29, the trial court rejected Hussain’s plea for regular bail, observing that earlier orders had already found a prima facie case against him, making him ineligible for relief under the UAPA.

Under Section 43D(5) of the UAPA, an accused person shall not be released on bail or on his own bond if the court, upon examining the case diary or the report made under Section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusations against the person are prima facie true.

According to PTI, Delhi Police has alleged in its chargesheet that Hussain had connections with activists Khalid Saifi and Umar Khalid, who were part of a larger group of persons organising protests in Delhi.

PTI reported that investigators recovered crates of glass bottles containing liquid and stuffed with pieces of cloth, allegedly used or intended to be used as Molotov cocktails, along with a large number of bricks and stone pieces and three catapults from Hussain’s house.

(With inputs from PTI)