Delhi HC grants bail to ex-MCD councillor Tahir Hussain in 5 cases of riots

New Delhi [India]: The Delhi High Court on Wednesday granted bail to ex-MCD councillor Tahir Hussain in five riot cases.

Hussain has been accused in other riot-related cases including the one related to larger conspiracy of Delhi riots and the murder of IB personnel Ankit Sharma. He will remain in custody due to other cases against him. These cases are related to the police station Dayal Pur area of North East Delhi.

Justice Anish Dayal granted bail to Tahir Hussain in five cases. The orders were reserved by the court on April 20, 2023.

Detailed orders are awaited.

Tahir Hussain moved bail applications through advocate Rizwan.

Advocate Rizwan argued before the court that as per Delhi police, the petitioner is main conspirator of riots. A number of FIR has been lodged against him including the one for larger Conspiracy under UAPA.

He argued that only one FIR can be lodged for one offence. Multiple FIR can’t be lodged for one offence of conspiracy. There is no single incident caused by the petitioner.

It was also argued by the counsel that the petitioner is not a conspirator but a victim. He was rescued by the police from his house. His house was occupied by the rioters. Some other accused have already been granted bail.

These cases are related to rioting, loot in the shops, arson, gunshot injuries to Prince Bansal and Ajay Kumar Jha.

One case is related to the gathering of the riotous mob on the terrace of Tahir Hussain. It has been alleged that those people had petrol bombs in their hands and threw them on the houses of people of other religions.

Delhi Police had opposed the ground of parity taken by the counsel.

Delhi police while opposing the bail pleas, had said that the role assigned to him is totally different and distinct from the other co-accused persons, as he is the main kingpin/conspirator in the case.

It was also said that all the other accused persons were acting at the behest of Tahir Hussain.

It has been alleged by the police that In furtherance of the criminal conspiracy he had instigated the rioters of a particular community and provided logistic support like stones, acid bottles, petrol bombs etc. to the rioters at the roof of his house itself.

He permitted his house to be used by the miscreants, rioters to play havoc with the lives of the people of other community, Delhi police said.

At the time of eruption of communal riots in the area(s) of North-East Delhi, he was in a powerful position (being sitting Councillor of the area from the Aam Aadmi Party) and used his muscle power and political clout to act as a kingpin in planning and instigating rioters of his community to wreak havoc on the members of other Community, police alleged.

On his role, Delhi police said that he was instrumental in flaring up the communal riots because of his political and financial clout. He permitted rioters to come on the roof of his house which was four floors high i.e. one of the highest in that area.

From the roof of his house the co-accused shouted religious slogans against other community and pelted stones, fired and threw petrol bombs on the near buy houses, said Delhi police.

He indulged in terror funding and collection of means of rioting and thereafter under a conspiracy hatched at local level used local persons to indulge in riots, Delhi police alleged.
His house/building became the hub/centre point for the rioters and rabble-rousers to unleash the riots, it added.

Delhi Police also referred to video footage of 25.02.2020 shows many people pelting stones and petrol bombs from his house.

Delhi police also said that there are chances of tampering with the evidence of the case, if he is enlarged on the bail.