A Delhi Court recently dismissed a petition by Tahir Hussain seeking specific documents in a case related to an alleged larger conspiracy behind the 2020 northeast Delhi riots. Hussain and several others face charges under the stringent Unlawful Activities (Prevention) Act (UAPA).
Additional Sessions Judge Sameer Bajpai noted that Hussain’s request was aimed at obtaining statements from a witness, Rahul Kasana, recorded in separate rioting and money-laundering cases against him.
Judge Bajpai also considered the response from Special Public Prosecutor Amit Prasad, who argued that the petition sought to gather defence documents prematurely, even before charges had been framed.
The court observed that the case is still in its initial stages, with charges yet to be framed. Consequently, the court held that the requested statements could not be considered at this time.
The court noted that Hussain’s plea did not clarify how the statements would benefit his defence, stating that it was neither necessary nor desirable to call for the witness statements as requested.
Background of the case
The Karkardooma Court previously denied bail to Tahir Hussain in the larger conspiracy case related to the 2020 North-East Delhi riots. The court found reasonable grounds to believe the accusations against Hussain were prima facie true. The court also observed that Hussain had recently acquired a licensed revolver and a significant amount of cash, suspected to have been used in the rioting.
The court emphasized that bail should be denied if there are reasonable grounds to believe the accusations are prima facie true. The judge noted that the legal constraints under Section 43(D)(5) of the UAPA made Hussain’s case unsuitable for bail. Additionally, the court rejected Hussain’s bail request, contrasting it with the bail granted to co-accused Ishrat Jahan, stating that gender was not a relevant factor in Hussain’s case.
