'Their Objective Was To Harm Hindus To Maximum Possible Extent': Court Frames Charges Against Tahir Hussain, Others In Delhi Riots Case

A Delhi Court on Saturday framed charges against former Aam Aadmi Party Councillor Tahir Hussain and seven other men in the case alleging that a Khajuri Khas resident Ajay Goswami was hit by a bullet during the 2020 North-East Delhi riots. 

Additional Sessions Judge Pulastaya Pramachala of Karkardooma Courts framed charges against Tahir Hussain, Shah Alam, Tanvir Malik, Gulfam, Nazim, Kasim, Riyasat Ali and Liyakat Ali under Sections 307 read with 120B and Section 149 of the Indian Penal Code.

The court observed that all of them were acting with a "clear-cut objective in mind" to "kill and harm Hindus."

The judge also said there was evidence to show that Tahir Hussain, Shah Alam, Nazim, Kasim, Riyasat and Liyakat were instigating others "to teach a lesson to Hindus and not to leave them", and thus framed charges against the six men under Section 505 of the Code as well.

However, accused Gulfam and Tanvir Malik were discharged of the charged under Section 505.

Hussain is facing charges in multiple cases related to the riots of 2020.

The charges against the accused persons were framed in FIR 88/2020 registered in Khajuri Khas Police Station based on the statement given by Goswami. He alleged that he was hit by a bullet by a mob which was indulging in pelting stones and firing on main Karawal Nagar road. It was specifically alleged that Gulfam and Tanvir "were firing blindly."

Goswami in the complaint said he was admitted to a hospital after his uncle lifted him from the spot with the help of some boys.

Observing that presence of the accused in the mob is well reflected from the statement of witnesses, the court said that the mob in question "kept indulging into firing of gunshots, pelting of stones, acid and petrol bombs towards Hindus and their houses."

"These acts of the mob make it clear that their objective was to harm Hindus in their body and property to maximum possible extent. Indiscriminate firing at others makes it clear that this mob consciously wanted to even kill Hindus. It cannot be said that accused persons were oblivious of such objective of this mob. Apparently, this was an unlawful assembly, acting in pursuance of aforesaid object," the court said.

It added: "Tahir Hussain or for that matter, any other accused are not supposed to be static in their movement. Different witnesses hence, saw them in different manner."

The court also observed that evidence in the matter reveals that a number of persons assembled at and around Tahir Hussain's house and some of them were equipped with firing weapons, acid and petrol bombs.

"All these things were done to target Hindus. Every member of the mob assembled there, participated in achieving and encouraging others, to target Hindus. Such conduct of the members of this mob, show that they were acting out of meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus," the court added.

The court also observed that all accused persons are liable to be tried for hatching criminal conspiracy to indulge in a riot and "kill Hindus and harm their properties" and consequently "firing and causing gunshot injury to Ajay Goswami."

"In this case, all accused indulged into targeting Hindus and their such acts were apparently prejudicial to the harmony between communities of Muslims and Hindus. They did disturb the public tranquillity as well," the court said.