HC refers Tahir Hussain's bail plea to another bench

Delhi riots case: HC refers ex-AAP councillor Tahir Hussain's bail plea to another bench

The present FIR pertains to the alleged commission of rioting and other offences under the Indian Penal Code in Dayalpur area

The Delhi High Court Monday did not hear the bail application moved by former AAP councillor Tahir Hussain in a case arising out of the northeast Delhi riots of 2020 on account of similar cases being pending before another bench.

Justice Rajnish Bhatnagar ordered that the bail application be listed before Justice Yogesh Khanna on August 6.

“List before said bench on August 6 subject to obtaining order of the Chief Justice,” the judge said.

Senior advocate Mohit Mathur, appearing for Hussain, informed the court that as many as 11 FIRs have been registered against his client in connection with the riots and bail applications in three such FIRs from police station Dayalpur were already coming up for hearing later this month before another bench.

He informed that all FIRs have a common allegation of conspiracy and Tahir Hussain purportedly being the mastermind behind the violence.

Apprehending “dilatory tactics” by the prosecution if one matter is kept isolated from the other pending pleas, Mathur submitted that the present bail application be also sent to Justice Khanna.

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“The charge is the same (that) I am the mastermind and people gathered at my house. All others have been released,” said the senior advocate who appeared along with advocate Rizwan Nizami.

Advocate DK Bhatia, appearing for the prosecution, opposed sending the present bail to the other bench on the ground that the FIR, as well as the role ascribed to Hussain, was also different from other cases.

The present FIR pertains to the alleged commission of rioting and other offences under the Indian Penal Code in Dayalpur area.

The other two cases pertain to the injuries suffered by two people on account of a riotous mob pelting stones, throwing petrol bombs and firing gunshots from the terrace of Hussain's house and allege the commission of offences of attempt to murder and rioting, and violation of Arms Act.

Notice in one of two bail applications was issued by Justice Khanna on July 13.

The third pending bail application pertains to FIR for rioting and destruction of public property and notice was issued on July 29.  

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured.