BREAKING - Delhi High Court Grants Bail To Tahir Hussain In Five Cases Related To North-Delhi Riots

The Delhi High Court on Wednesday granted bail to former Aam Aadmi Party councillor Tahir Hussain in five different cases registered against him in connection with 2020 North-East Delhi riots. However, Hussain will still remain in judicial custody in other FIRs registered against him, including the UAPA case alleging a larger conspiracy to commit the riots.

Justice Anish Dayal allowed the bail pleas which were moved by Hussain in FIRs 80/2020, 91/2020, 92/2020, 117/2020 and 120/2020 all registered at Dayalpur police station.

After perusing the FIRs in isolation, the court observed that Hussain’s custody of 3 years as an undertrial has already overshot the maximum period of punishment prescribed in some of the offences.

Noting that were other aspects in the matter regarding improvements in statements, delay in the registration of FIRs, copy-paste statements of various police and public witnesses and discrediting of police witnesses, Justice Dayal said:

”These aspects are not necessary to delve into since, as discussed above, in each of the FIRs before this Court, the petitioner would be entitled to bail, in the considered opinion of this Court, inter alia due to some of the offences being bailable, the period of incarceration exceeding the maximum periods of sentence prescribed, all other co-accused having been given bail, charges have not been framed in three of the FIRs even after 3 years, and even in the two FIRs where there are allegations of firearm injury, the person accused of shooting having already been given bail.”

However, the court clarified that its observations would have no bearing on the other FIRs registered against Hussain which are outside its scope of scrutiny.

“It was argued by the ld. Counsel for the petitioner that notwithstanding the fact that the petitioner was an influential political person in that area, being the Municipal Corporator, the petitioner had attempted on multiple occasions to call the police in relation to the rioters. Whether these statements are accurate or not will have to be tested in the trial. At this stage, considering the specific offences for which the petitioner has been charged with in these FIRs, the petitioner would be entitled to be enlarged on bail in these 5 FIRs,” the court said.

A total of 11 FIRs were registered against Tahir Hussain in connection with the 2020 riots, including a UAPA case accusing him and others of being behind a "larger conspiracy" to commit the riots.

An ECIR was also registered by the Enforcement Directorate against Tahir Hussain. Charges against him were framed in the money laundering case by the trial court in November last year. Tahir Hussain’s challenge to the order framing charges was dismissed by the High Court and Supreme Court.

Last month, Hussain moved the trial court seeking regular bail in the UAPA case.

Senior Advocate Salman Khurshid, along with Advocates Rizwan, Sachi Chopra, Aadil Singh Bopara, Shama Usmani, Aman Khullak, Mariya Mansuri, Anshu Kapoor and Nistha Sinha appeared for Tahir Hussain.

ASG SV Raju and SPP Madhukar Pandey represented the Delhi Police.

Title: Tahir Hussain v. State and other connected matters

Citation: 2023 LiveLaw (Del) 582

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