"Tahir Hussain's Plea Challenging UAPA Charges In Riots Case Is Nothing But An Attempt To Short Circuit And Stall The Trial": Delhi Police To High Court

The Delhi Police has told Delhi High Court that the petition moved by former Aam Aadmi Party Councillor Tahir Hussain challenging the UAPA charges invoked against him in connection with the Delhi Riots larger conspiracy case, is nothing but an attempt to short circuit and stall the trial.

Hussain had also sought quashing of sanction granted in the matter.

In the reply filed by Delhi Police, it has been stated that the question of validity of sanction order is a question of fact and therefore, should be left to be determined in the course of the trial and not in the exercise of writ jurisdiction or under sec. 482 of CrPC.

Further submitting that the petition must be dismissed, the Police has stated thus:

"The absence of sanction no doubt can be agitated at the threshold but the invalidity of the sanction is to be raised during the trial. In the instant facts, admittedly there is a sanction though the accused seek to pick holes in the manner the sanction has been granted and to claim that the same is defective which is a matter to be considered in the trial."

Referring to National Investigation Act, it has further been submitted that Hussain has an alternative remedy under sec. 21 of the Act which talks about Appeals.

"Because it is crystal clear and categorical that an appeal shall lie from any judgment, sentence or order, not being an interlocutory order, of a Special Court to the High Court both on facts and on law and every appeal shall be heard by a Division Bench of the High Court. It is pertinent to mention here that the Ld. Trial Court had taken cognizance of the offence on 17.09.2020. The Petitioner has not challenged the cognizance order dated 17.09.2020 passed by the Ld. Trial Court," the reply adds.

FIR 59/2020 contains stringent charges including sec. 13, 16, 17, 18 of the UAPA, sec. 25 and 27 of the Arms Act and sec. 3 and 4 of the Prevention of Damage to Public Property Act,1984 and other offences under Indian Penal Code, 1860.

The writ petition challenged the imposition of sec. 13, 16, 17, 18 of the UAPA in the chargesheet filed against Hussain under FIR 59/2020. The plea sought setting aside of the aforesaid sections and also the grant of sanction for prosecution. 

Additionally, the plea prays for setting aside of the approval given by the review committee towards the grant of sanction for prosecution under UAPA provisions invoked against Hussain.

Others who were charge-sheeted in FIR 59/2020 include Jamia Coordination Committee members Safoora Zargar, Meeran Haider and Shifa-Ur-Rehman, activist Khalid Saifi, Shadab Ahmed, Tasleem Ahmed, Salim Malik, Mohd Salim Khan and Athar Khan.

A supplementary chargesheet was thereafter filed in the case against former JNU student leader Umar Khalid and JNU student Sharjeel Imam.

Title: Tahir Hussain v. State of NCT