‘Tahir Hussain Instigated Mob To Indulge In Vandalism And Arson’: Court Frames Charges Against 10 In Delhi Riots Case, Discharges 3

A Delhi Court has recently framed charges against former Aam Aadmi Party councillor Tahir Hussain, his brother Shah Alam and eight other men in a case relating to 2020 North-East Delhi riots for allegedly committing vandalism and arson in various shops in Moonga Nagar area during the violence.

Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts framed charges against the accused persons under Sections 148 (rioting with 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. Hussain has been additionally charged for the offence of abetment.

Those who have been charged are Tahir Hussain, Mohd. Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid Saifi, Mohd. Rihan, Mohd. Abid, Arshad Qayyum and Irshad Ahmed.

The FIR was registered on the complaint made by Irshad Ali alleging that his shop, Royal Mattress, was looted and put on fire during the riots by a mob.

Two more complaints by Mohd. Zahid and Gunjan Sachdeva, alleging looting and damage to their shops in the same area, were clubbed with Ali’s complaint as they related to the same day, place and time.

While charges were framed against 10 men, the judge discharged three others i.e. Deepak, Mahak Singh and Navneet, who had been identified by a public witness as being members of the mob which trespassed and committed loot at Royal Mattress shop.

The court said that the prosecution could not bring on record enough evidence which could establish that the three men were part of the mob which indulged in vandalism and loot at the shop in question.

“…it is relevant to observe that the incident of vandalism at Royal Mattress remains unsolved. Moreover, it is also apparent that at the time of filing first chargesheet in this case, IO had no clue about culprits behind vandalism and loot taken place at Royal Mattress. Still, IO kept mum over such fact in the chargesheet,” the court observed.

The judge said after adding names of the three accused in the case, in respect of a separate cause of action, despite knowing well that a different mob was responsible, was not a legal action on the part of IO. “SHO is therefore, directed to look into such aspects and act accordingly,” the court ordered.

While framing charges against Hussain, the court took note of two statements stating that he was roaming around on his house’s roof, was pointing towards some shops after which the rioters vandalised and set them on fire, and that some people were pelting stones and throwing petrol bombs from the roof.

“Such evidence shows that this mob was instigated by Tahir Hussain to indulge into vandalism, loot and arson in the properties and shops situated in that area. That mob consequently attacked upon the nearby properties including the three properties in question in this case,” the court said.

The court also observed that the other nine accused persons participated in the riot with other unidentified persons with a common object to vandalise and damage the properties in the area in question.

Click Here To Read Order