Court says Tahir Hussain was an active rioter, frames charges

New Delhi: Suspended

AAP councillor Tahir Hussain

was not just a mere conspirator, but an active rioter too. This was stated by a city court on Friday while framing charges of rioting, arson and criminal conspiracy against him and five others in a

northeast Delhi riots case

.

The case related to vandalism and setting ablaze of a shop owned by Karan in

Khajuri Khas

during the communal violence in February 2020. The other accused were Anas, Firoz, Javed, Gulfam and Sohaib Alam.

Additional sessions judge Virender Bhat said Hussain was not a mute spectator, but was taking active part in the riots and instigating other members of the unlawful assembly to teach a lesson to people belonging to the other community.

“Perusal of the material on record clearly indicates at the stage that all six accused were members of the unlawful assembly on February 25, which vandalised and set ablaze the godown of M/s Harsh Trading owned by the complainant Karan, as well as other properties belonging to members of the Hindu community,” the order stated.

The court said prima facie it appeared that the riotous incident was committed in pursuance to a well-hatched conspiracy and after elaborate preparations.

“The circumstances nowhere indicate that it was a spontaneous act, but clearly reveal that there was an agreement between the accused to commit vandalism and arson in the properties belonging to the Hindu community in the building E-17 belonging to accused Tahir Hussain and elaborate preparations had been done to fulfil the object of the conspiracy,” it added.

Regarding the delay in recording statements of witnesses, the court said due to the hostile and fearful atmosphere created by the riots, public witnesses were not willing to come forward to record their statements, which caused a delay in investigation of the case.

“The lockdown imposed from the second week of March 2020 in view of the spread of Covid-19 also put brakes on the speed of investigation. Keeping in mind these circumstances, the delay in recording the statements of witnesses would appear to be justified to any prudent person at this stage,” the court remarked.

Advocate Rizwan, appearing for the councillor, claimed that there was no conspiracy and Hussain was falsely implicated in the matter.