A sessions court here has ordered the framing of charges including those of rioting, loot and arson against former AAP councillor Tahir Hussain, saying he prima facie instigated mob violence during the 2020 northeast Delhi communal riots.
The court, which discharged three accused in the case, however, ordered framing of charges against nine others for several offences, saying a “prima facie case” existed against them.
The court was hearing a case against 13 people, who were accused of being part of a riotous mob that looted and torched three shops in Moonga Nagar locality in New Mustafabad on February 24, 2020.
Additional Sessions Judge Pulastya Pramachala, in an order passed on August 5, said there was a prima facie case against the nine accused for offences under Indian Penal Code (IPC) sections 148 (rioting, armed with a deadly weapon), 149 (unlawful assembly), 188 (disobedience to order duly promulgated by a public servant), 380 (theft in dwelling house) and 427 (punishment for committing mischief and thereby causing loss or damage to the amount of Rs 50 or upwards).
The nine accused are Shah Alam, Mohammed Shadab, Riyasat Ali, Gulfam, Rashid Saifi, Mohammed Rihan, Mohammed Abid, Arshad Qayyum and Irshad Ahmed.
The accused were also liable to be tried for offences under IPC sections 435 (mischief by fire or explosive substance with intent to cause damage to an amount of 100 rupees or upwards) 436 (mischief by fire or explosive substance with intent to destroy house, etc.) and 450 (house-trespass in order to the committing of any offence punishable with imprisonment for life), he said.
Noting the evidence before the court, ASJ Pramachala said, “The mob was instigated by Tahir Hussain to indulge in vandalism, loot and arson in the properties and shops situated in that area. That mob consequently attacked the nearby properties including the three properties in question in this case.”
“A prima facie case for the offences under IPC sections 148, 380, 427, 435, 436 and 450 read with IPC section 109 (punishment of abetment) is made out against Tahir Hussain,” he said.
The court, however, discharged three accused persons, Deepak Singh Saini, Mahak Singh and Navneet, saying the prosecution was unable to bring on record any “admissible” evidence which could establish that the trio was part of the riotous mob.
Noting that one of the incidents of vandalism remained unsolved, the court directed the Station House Officer (SHO) concerned to look into the relevant aspects and act accordingly.
An FIR was lodged at Dayalpur police station against the accused on the basis of a complaint. Later, two more complaints were clubbed together with it.