Delhi Riots: Mob had objective to harm Hindus; Delhi court frames rioting, conspiracy charges against Tahir Hussain, others

Former Aam Aadmi Party (AAP) councillor Tahir Hussain and 10 others have been charged for rioting and other offences by a court in relation to a case stemming from the Delhi Riots of 2020 [State v. Tahir Hussain & Ors]..Additional Sessions Judge at Karkardooma Court Pulastya Pramachala charged Hussain, Riyasat Ali, Gulfam, Shah Alam, Rashid Saifi, Arshad Qayyum, Liyakat Ali, Mohd Shadab, Mohd Abid and Irshad Ahmad, under Sections 147 (rioting), 148 (rioting with armed weapon), 153A (promoting enmity), 188 (disobedience to public order), 323 (voluntarily causing hurt) and 395 (dacoity) among other offences under the Indian Penal Code (IPC).While doing so, the court stated,"Every member of the mob assembled there [at Hussain's house], participated in achieving this object i.e. to target Hindus. Such preparations made and this house being used as a base, seen along with the conduct of the members of this mob, show that they were acting out of prior meeting of their mind and with a clear-cut objective in mind, to harm Hindus in every possible manner.".Some of the key observations of the court are as follows:Evidence shows the mob broke open the gate on stairs going to Bharat Vatika (crime scene). Thereafter, they set the food articles on fire, thereby causing damaged to the food items and the utensils and in the same manner causing fire on the first floor of this property. Facts and evidence show that a number of persons assembled at the house of Tahir Hussain. Some of them were equipped with firing weapons. From the statements of witnesses, presence of all named accused in the mob is well reflected. It is also apparent that this mob had assembled out of deliberation in the house of accused Tahir Hussain. The video clips collected by the investigating officer from social media show that accused Tahir Hussain was quite active during his movement on the terrace of his house. The members of this mob broke open the lock of the parking lot in this property, entered into this property, assaulted the persons, vandalised and set on fire the property, vehicles and food..Counsel for Hussain argued that contrary to what the police had alleged, he had tried to make several calls to the police control room during the time in question and was in fact the victim.However, the Court noted his contention could not be proved from the evidence placed before it..The Court rejected the argument that there was an inordinate delay in filing the first information report (FIR) against the accused, noting that the police was more focussed on controlling the riots at the time, and that the COVID-19 pandemic followed, making it difficult for them to obtain witness statements. "Moreover, just because statements of the eye witnesses were recorded in the case at belated stage, without affording an opportunity to the prosecution and the witnesses to explain the reasons, court cannot declare them to be unreliable...Delay in registration of FIR or recording of witnesses in a case, thus, may be due to any such reasons and requires scrutiny during the trial," the order stated..It was also held that a witness being common to several cases could not cast aspersions over his credibility, and that such credibility could only be looked into at the trial stage..The Court will frame charges against Hussain — also facing charges in the UAPA case related to the Delhi Riots — and others in the case on December 17. .[Delhi Riots] Delhi court frames charges against former AAP councillor Tahir Hussain; says objective was to kill Hindus, damage their property.Special Public Prosecutor Madhukar Pandey represented the state.Advocates Dinesh Kumar Tiwari and Shavana appeared for some of the accused persons. .The Court had discharged Umar Khalid and Khalid Saifi in another case of Delhi riots noting that the two men were facing allegations in the “umbrella conspiracy” related to the violence..[Read Order]