Published 07:12 IST, July 28th 2020
Delhi riots: Court dismisses ex-AAP neta Tahir Hussain's plea alleging 'fake' FIR by cops
Former AAP Councillor Tahir Hussain's plea in which he sought legal action against cops alleging fake FIRs in riot case has been dismissed by a Delhi Court.
In a major development, former AAP Councillor Tahir Hussain's plea has been dismissed by a Delhi Court. Tahir Hussain was suspended from the party after his alleged involvement in Delhi riots and was arrested in February. The Court has dismissed his plea in which he accused the police officials of abusing their power and filing a false and fabricated report about pending cases against him.
During the hearing held through video conferencing, Hussain's advocate Javed Ali told the court that initially, Hussain had filed an application in March, seeking necessary directions to the police to provide copies of FIRs in which he has allegedly been booked along with the status report. As per the petitioner, Police has not disclosed the details of sixth FIR against him in their March 19 report. Therefore, he claimed that this created doubt and showed that the sixth FIR was "ante dated, forged and fabricated" or the report dated March 19 was "manipulated".
However, the police told the court that there was absolutely no intent to furnish wrong information before the court as alleged and the Station House Officer may have inadvertently missed out on mentioning the sixth FIR.
'Bonafide mistake'
Chief Metropolitan Magistrate Purushottam Pathak rejected the application seeking necessary legal action against the investigating officer or the Station House Officer or Deputy Commissioner of Police of North East and Deputy Commissioner of Crime Branch of Delhi police.
The court noted that "non-disclosure of accused in the sixth FIR was not deliberate and there was no point assuming that the DCP-North East and DCP-Crime/SHO concerned have deliberately withheld the information and that too for causing any harm to Hussain. It seems that not providing the information is a bonafide mistake on the part of Investigating Agency".
Ex- AAP councillor Tahir Hussain's case
Former AAP leader Tahir Hussain was initially been booked under Sections 201 (disappearance of evidence or giving false information), 302 (murder), and 365 (kidnapping) during the communal riots that broke out in Northeast Delhi. On April 22, the stringent provisions of the Unlawful Activities (Prevention) Act and Section 124 A(sedition) was slapped on him. He also faces charges of involvement in the brutal murder of Intelligence Bureau official Ankit Sharma.
After his arrest on March 5, the police sought his custody in multiple cases pertaining to the riots which claimed over 50 lives and left hundreds of people injured. Earlier on May 2, Delhi's Karkardooma court rejected his bail plea in the case related to his alleged involvement in the brutal murder of Ankit Sharma.
Delhi riots
Clashes began between CAA supporters and anti-CAA groups in Northeast Delhi on February 23, as both camps resorted to stone-pelting after Shaheen Bagh-like protests started in Jaffrabad and Chand Bagh. The situation deteriorated even as Delhi Police was present at the spot as houses, shops, and buses were burnt. While the Home Minister reviewed the situation on February 24 and 35 - while US President Donald Trump visited India, the violence increased killing 53 and injuring over 200, as per official figures.
Updated 07:12 IST, July 28th 2020