Delhi Riots: Court denies bail to Tahir Hussain, says he 'used rioters like human weapons'

A Delhi Court on Saturday refused to grant bail to former AAP Councillor Tahir Hussain in the case relating to the communal violence that broke out in the national capital in February last year.

Additional Sessions Judge Vinod Yadav of the Karkardooma Court here while denying bail to Hussain said, "I find that there is enough material on record to presume that the applicant was very well present at the spot of crime and was exhorting the rioters of a particular community and as such, he did not use his hands and fists, but rioters as “human weapons”, who on his instigation could have killed anybody."

"In fact, it would not be wrong here to say that the applicant by his instigation to the rioters acted as a cannon-fodder for them to wreak havoc upon the persons of the majority community in the area/locality. At this stage, it is clearly evident that the applicant had misused his official position and political clout to instigate the rioters of his community to wreak havoc on the members of other community," the court said further. 

Since the public witness lives in the same locality as Tahir's, the court noted that the "possibility of him threatening or intimidating them cannot be ruled out". While denying the relief of bail the court also said, "The Delhi riots 2020 are a gaping wound in the conscience of a nation aspiring to be a major global power."

It further noted the allegations against the expelled AAP Councillor and that he "abused his muscle power and political clout to foment communal violence" in the North East district of the national capital.

"...at the time of eruption of communal riots in the area(s) of North-East Delhi, the applicant has been in a powerful position (being sitting Councillor of the area from Aam Aadmi Party) and it is prima facie apparent that he used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration," the court noted.

The bail application filed by Tahir through Advocate Rizwan was in connection with an FIR registered at the Gokalpuri police station. The case pertains to a gunshot injury sustained by one Ajay on his right arm, at Chand Bagh Puliya, near Lakhpat School Main Road. 

The Delhi Police was represented by Special Public Prosecutors Amit Prasad and D K Bhatia. 

Concluding its order, the court said, "Considering the facts and circumstances of the case(s) in totality, gravity of offence and the influence which the applicant holds in the area/locality, I do not find it to be a fit case for grant of bail to the applicant in the captioned matter. The bail application is accordingly dismissed."

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 200 injured.