[Delhi Riots] Court frames conspiracy, rioting charges against former AAP councillor Tahir Hussain

A Delhi court dealing with Delhi Riots cases has framed criminal conspiracy, rioting and other charges against former Aam Aadmi Party (AAP) councillor Tahir Hussain and others in two cases [State v. Tanveer Malik & Ors]..While dealing with two separate cases, Additional Sessions Judge Pulastya Pramachala stated that a mob had gathered and armed itself with weapons to “target Hindus”. "Every member of the mob assembled there, participated in achieving and encouraging others, to target Hindus. Such conducts of the members of this mob, show that they were acting out of meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus,” the order noted..The two cases pertained to a mob causing firearm injuries to two victims in the North-East region of Delhi. Both incidents were stated to have occurred on February 25, 2020. The prosecution argued that Hussain’s house was used for carrying out violence and arson in the area. It was also submitted that stones, bricks and several empty crates of glass bottles and other incriminating material were found from his house. Hussain, the prosecutor argued, being the councillor of the area, enjoyed a “mass base of supporters of his local community” which was the “manpower behind the execution of riots”. .Hussain’s counsel, on the other hand, contended that he was not specifically named by the complainants, which raised doubts over his involvement in the alleged crime. According to the defence counsel, not a single video was placed on record to demonstrate Hussain’s involvement in rioting or use of molotov cocktails, or destruction of property for that matter. The statements of “omnipresent public witnesses” were stated to be identical, for they had been made witnesses in a number of FIRs against Hussain..The Court, however, noted that the presence of all named accused in the mob was well reflected from witness statements. “It is also well apparent that this mob continuously indulged into firing of gunshots, pelting of stones and petrol bombs towards Hindus and houses of Hindus. These acts of the mob make it clear that their objective was to harm Hindus in their body and property to maximum possible extent. Indiscriminate firing at others makes it clear that this mob consciously wanted to even kill Hindus. It cannot be said that accused persons were oblivious of such objective of this mob. Apparently, this was an unlawful assembly, acting in pursuance of aforesaid object,” the orders underlined..Referring to the prosecution’s point on FIR 59/2020 (UAPA case), the Court highlighted,“Planning to ignite a communal riot and taking steps for prosecution of such plan, could be umbrella Conspiracy and participants to this conspiracy may or may not be part of each smaller conspiracies and vice versa."FIR 59/20, therefore, was stated to cover the aspect of the “umbrella conspiracy,” whereas the allegations in the present cases were to be assessed to find out existence of smaller conspiracy peculiar to the incidents in the present case..All accused persons, namely Hussain, Tanveer Malik, Gulfam, Nazim, Kasim and Shah Alam, were order to be tried under under Sections 120B (criminal conspiracy) read with Sections 147 (rioting), 148 (rioting with deadly weapon), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc.), 302 (murder) of the Indian Penal Code (IPC). The Court further framed charges under Sections 307 (attempt to murder) and 149 (member of unlawful assembly with common object) IPC.The accused were, however, discharged for offences pertaining to mischief by fire with intent to destroy a house and statements conducing to public mischief. .Special Public Prosecutors Madhukar Pandey DK Bhatia appeared for the State.Advocates Salim Malik, Rizwan, Shavana, Abdul Gaffar, Dinesh Tiwari represented the accused persons..[Read Order]