Delhi High Court on August 3 asked ex-MCD Councillor Tahir Hussain to approach the trial court for bail in a Delhi riots case in view of the change in circumstances.
The matter pertains to gunshot injury to one person during the Delhi riots on February 25, 2020. A case was registered at Dayalpur police station. Recently, a coordinate bench granted bail to Tahir Hussain in five riots cases lodged at Police station Dayal Pur. The present matter also pertains to the same police station.
Justice Dinesh Kumar Sharma asked the counsel for Tahir Hussain, why didn’t you approach the trial court in the changed circumstances?”.The petitioner should have approached the trial court for bail in changed circumstances, the High Court said.
Thereafter counsel for Tahir Hussain withdrew the bail plea to approach the trial court.
The High Court allowed to withdraw the petition and directed the trial court to consider the plea in view of the change in circumstances. His, earlier bail plea was dismissed by the trial court on November 23, 2022.
During a short hearing, Advocate Tara Narula submitted before the bench that it is a fresh bail seeking bail as the petitioner in custody for more than three years.
He has been granted bail in 5 matters related to riots. The alleged Shooters also have been granted bail, the counsel submitted.
The petitioner’s counsel submitted that a Chargesheet has been filed and charges have been framed. Prosecution evidence has begun in the matter.
While dismissing the plea, the trial court had said that the accused is an influential person and there may be threat and influence on the witness.
The Court had framed charges against eight accused, including Tahir Hussain, on November 5, 2022. This case pertains to a gunshot injury to one Ajay Goswami.
Additional Sessions Judge Pulastya Pramachala of Karkardooma Court had said, “The allegations prima facie accepted against the applicant while deciding charges, would show that he was involved in the conspiracy to ignite riot, instigating the persons from his community against other communities and facilitating the attack on Hindus from his house, after making due preparation for the same.”
The Court further said, “It is undisputed fact that the applicant had been municipal councillor from his area, and thus, a person with followings and having a good influence in his area. The witnesses in this case, who have given account of the role of the applicant, thus, would be under tremendous pressure and threat, if the applicant is granted bail in this case.”
The Court observed, “Therefore, not only there exists a case with serious allegations against the applicant, but there are also serious apprehensions of influence and threat to the witnesses.”
“Keeping in view all these facts and circumstances, I do not find any favourable change in the circumstances for the applicant, so as to allow this application. Hence, the application is rejected, the judge ordered.
The Court had framed charges against Tahir Hussain, his brother Shah Alam, Tanvir Malik, Gulfam, Nazim, Kasim, Riyasat Ali and Liyakat Ali under section 307 read with 120B and 149 of the Indian Penal Code (IPC).
The Court had said that a number of persons assembled at and around the house of Tahir Hussain. Some of them were equipped with firing weapons. Acid, Petrol bombs were also arranged by accumulating materials in the house of Tahir Hussain. “All these things were done to target Hindus,” it noted.
The present case was registered on the Complaint of Ajay Goswami, who suffered a gunshot injury on February 25 on main Karawal Nagar Road. At the time of the incident, he was returning from his uncle’s house. Ajay Goswami was informed by the people standing there that Gulfam and Tanveer were firing blindly. He was admitted to Bada Hindu Rao Hospital after a first aid local hospital.
(with inputs from ANI)
