On August 5, a Delhi Court framed charges against former Aam Aadmi Party (AAP) councillor Tahir Hussain, his brother Shah Alam and eight other persons in a case related to Delhi Riots 2020, accused of vandalism and arson in various shops.
Karkardooma Court’s Additional Sessions Judge Pulastya Pramachala framed charges against the 10 accused persons u/s 148 (rioting with a deadly weapon), 380 (theft in dwelling house), 427 (mischief), 435 (mischief by explosive substance), 436 (mischief by fire) and 450 (house trespass) of Indian Penal Code (IPC). The court further charged 9 accused persons, excluding Tahir Hussain, u/s 188 (disobedience of public servant’s duly promulgated order) of the IPC. Meanwhile, the court additionally charged Tahir Hussain u/s 109 (abetment) of the IPC.
The court found that a prima facie case can be made out against – Tahir Hussain, Mohd Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid Saifi, Mohd Rihan, Mohd Abid, Arshad Qayyum and Irshad Ahmed. The court also discharged three accused – Deepak, Mahak Singh and Navneet.
The court noted that Tahir Hussain instigated the mob to indulge in vandalism, loot and arson on the properties and shops situated in the area. Based on witness statements, the court observed that Tahir Hussain was roaming around on the roof of his house and pointing towards shops, including Mohd Zahid’s bakery, which the mob vandalised, looted and set on fire. Furthermore, the court noted, based on a witness statement, that the riotous mob was also throwing petrol bombs and pelting stones from the roof of Tahir Hussain’s house.
“Thus, as per evidence the incidents in question were having their root in the instigation from Tahir Hussain as well, which makes out a case for offence punishable u/s. 148/380/427/435/436/450 read with S.109 IPC against Tahir Hussain,” the court said.
Furthermore, the court noted that a proclamation was issued u/s 144 of the CrPC. Thus, as all accused persons, except Tahir Hussain, were outside their homes, they were part of an unlawful assembly, violating the aforesaid order and thus satisfying the ingredients of the offence u/s 188 of the IPC.
Brief Facts of the Case
The case concerns various incidents of vandalism, looting and arson committed against various shops during the Delhi Riots 2020. In one of the complaints, a shop owner alleged that his shop, Royal Mattress, was looted after breaking the lock, and a mob of rioters also set the shop on fire at about 3 pm on February 24, 2020. The complainant informed the police that the mob vandalised, looted and set his shop on fire, causing a loss of about Rs 27-28 lakhs.
The IO recorded the complainant’s statement u/s 161 of the Criminal Procedure Code (CrPC), wherein he disclosed the names of accused persons – Mohd Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid Saifi and Arshad Qayyum – stating that they were part of the riotous mob which set his shop on fire. Notably, on further investigation, complainant Irshad Ali also named Deepak, Mahak Singh and Navneet as members of the mob, which trespassed and looted his shop.
Furthermore, two more complaints were made alleging vandalism, looting and arson. The two complainants – Mohd Zahid and Gunjan Sachdeva – alleged that the riotous mob looted and set fire to their shops, causing losses worth lakhs of rupees to each of them.
The IO recorded complainant Mohd Zahid’s statement wherein he named Mohd Shadab, Riyasat Ali, Gulfam, Rashid Saifi, Mohd Rihan, Mohd Abid, Arshad Qayyum and Irshad Ahmad as part of the riotous mob which set his shop of fire. Mohd Zahid further informed the police that the fire caused damage to his shop and caused a loss worth Rs 11 lakh.
Meanwhile, Gunjan Sachdeva, in his complaint, revealed that Mohd Shadab, Shah Alam, Gulfam and Mohd Rihan looted and set fire to his furniture shop, causing damage and loss worth Rs 12 lakhs. The IO found out that the incidents referred to in each complaint were of the same day, place and time period. The investigation further revealed that the three shops were located near each other and that the alleged incidents occurred between 2:30 pm and 4 pm on February 24, 2020. Thus, all three complaints were clubbed.
