Delhi High Court Denies Bail to Tahir Hussain in North-East Delhi Riots Case
Court cites strong evidence of conspiracy and instigation against Hussain, dismissing his fifth bail application
In a significant ruling, the Delhi High Court has dismissed the fifth bail application of Mohd Tahir Hussain, accused in the North-East Delhi riots case, which led to the murder of Ankit Sharma, an Intelligence Bureau officer. Justice Neena Bansal Krishna, presiding over the case, emphasized the gravity of the charges against Hussain, citing prima facie evidence of his pivotal role in the conspiracy and instigation of communal violence.
The judgment highlighted the systematic nature of the riots, characterizing them as a part of a larger, premeditated conspiracy aimed at inciting communal unrest during the state visit of the US President. The court noted that Hussain's residence was allegedly used as a fort to stockpile weapons and launch attacks against the Hindu community, with eyewitness accounts corroborating his active participation in inciting the mob.
Despite arguments from Hussain's counsel regarding prolonged incarceration and the lack of direct evidence linking him to the murder, the court maintained that long incarceration cannot be the sole ground for bail in cases involving grave offenses. The court stressed that the interest of national security and public order outweighs individual rights in situations involving large-scale communal violence.
The prosecution presented multiple eyewitnesses who testified to Hussain's role in instigating the mob with communally charged slogans, leading to the brutal murder of Sharma. The court also considered Hussain's alleged attempts to influence witnesses, further undermining his plea for bail.
The principle of parity was dismissed, as the court found Hussain's alleged role as the mastermind of the riots placed him in a distinct category from other co-accused who had been granted bail. The judgment underscored the severity of the accusations and the potential danger of Hussain absconding or influencing witnesses, given his influential status.
The court's decision to deny bail reflects the seriousness with which it views cases of orchestrated communal violence, emphasizing the need to uphold public order and national security. The trial is nearing its conclusion, with the prosecution having examined most of the material witnesses.
Bottom Line:
Bail Application dismissed for accused in North-East Delhi riots case citing prima facie evidence of conspiracy, instigation, and pivotal role in the violence.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, IPC Sections 147, 148, 153A, 365, 302, 188, 149, 120B
Mohd Tahir Hussain v. State (NCT of Delhi), (Delhi) : Law Finder Doc Id # 2783930
