Delhi court denies bail to Tahir Hussain, Salim Malik and Athar Khan in Delhi riots conspiracy case

A Delhi court has denied bail to former Aam Aadmi Party (AAP) councillor Tahir Hussain in the Delhi riots conspiracy case. 

Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts also rejected the bail petitions filed by co-accused Salim Malik and Athar Khan. 

In its order dated January 28, the Court noted that while the Supreme Court had on January 5 granted bail to five accused – Shifa-ur-Rehman, Gulfisha Fatima, Salim Khan, Meeran Haider and Shadab Ahmed – Hussain, Khan and Malik were earlier denied bail by the trial court on the the merits of their case. 

In Hussain’s case, Judge Bajpai said that once the court has formed a prima facie opinion that a case is made out against him, no different opinion can be formed. 

“Now, despite the order of the Hon'ble Supreme Court regarding the co-accused persons, when this Court has once formed the opinion that prima-facie case is made out against the applicant, no other different opinion can be formed now by reviewing the earlier order,” order stated. 

The Delhi Police has accused Hussain, Khan, Maik and several others of being involved in terror activities and conspiring to commit violence during the Delhi riots of 2020.

The prosecution has invoked the provisions of the Unlawful Activities Prevention Act (UAPA) in the case.

Earlier this month, the Supreme Court granted bail to file accused in the case. However, it denied bail to Umar Khalid and Sharjeel Imam, ruling that a prima facie case was made against them.