Delhi High Court seeks response from police on bail plea by Tahir Hussain in Delhi riots case

The Delhi High Court today sought the response of the Delhi Police to the a bail plea filed by former Aam Aadmi Party (AAP) councillor Tahir Hussain in connectiion with the Delhi riots conspiracy case. 

Hussain has challenged a January 29 order passed by an Additional Sessions Judge rejecting his bail petition.

A vacation Bench of Justice Neena Bansal Krishna and Justice Madhu Jain today granted the Delhi Police four weeks to file its reply to Hussain's appeal, which also includes a plea to condone a delay of 87 days in filing the appeal.

The Delhi Police has accused Hussain 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.

On January 5 this year, the Supreme Court granted bail to five accused in the case, but denied bail to two others before the top court, namely Umar Khalid and Sharjeel Imam.

On January 29, Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts rejected the bail petitions filed by Hussain and co-accused Salim Malik and Athar Khan. 

At the time, the judge also held that it could not grant Hussain bail simply by factoring in the Supreme Court's grant of bail to five others in the same 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 (Hussain), no other different opinion can be formed now by reviewing the earlier order,” the order stated. 

This order has now been challenged before the High Court by Hussain.

The Delhi police, represented by Additional Solicitor General SV Raju, today pointed out that there is a delay in filing the appeal.

Senior Advocate Rajiv Mohan, appearing for Hussain, acknowleged that there has been a delay in filing the appeal, but added that this delay was on account of some larger issues that are relevant for the appeal pending before the Supreme Court.

Notably, on May 22, a Division Bench of the Supreme Court referred to a larger Bench some legal questions recently raised on the correctness of its earlier judgment denying bail to Umar Khalid and Sharjeel Imam in the Delhi riots case.

Hussain's bail plea is scheduled to be heard by the Delhi High Court next on July 16.

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