Court charges Tahir Hussain for attempt to murder, criminal conspiracy during 2020 Delhi riots

A Delhi court on Saturday framed charges against former AAP leader Tahir Hussain for attempt to murder and criminal conspiracy in a case related to the 2020 riots in northeast Delhi.

The court was hearing a case on the basis of a statement by complainant Ajay Goswami, who suffered a bullet injury during the riots at Main Karawal Nagar Road on February 25, 2020.

"I find all accused persons liable to be tried for the offences punishable under sections 307 (attempt to murder), read with 120 B (criminal conspiracy) and 149 (every member of unlawful assembly guilty of offence committed in prosecution of common object) of the Indian Penal Code," Additional Sessions Judge Pulastya Pramachala said.

Eight persons, including Hussain, have been charged.

The judge also said six of the accused -- Tahir Hussain, Shah Alam, Nazim, Kasim, Riyasat and Liyakat -- were liable to be tried under Section 505 (statements conducing to public mischief) of the Indian Penal Code (IPC) as they were "instigating others to teach a lesson to (the) Hindus".

The court discharged two accused, Gulfam and Tanvir, for the offence under Section 505, saying there was no evidence to show that they also instigated others.

The court said the presence of the accused persons among the riotous mob was established by the statements of several witnesses.

"It can be said that this mob acted out of a criminal conspiracy, and hence, all (eight) accused are liable to be tried for hatching a criminal conspiracy to indulge in the riot and kill Hindus and harm properties of Hindus and consequent to such conspiracy firing and causing gunshot injury to Ajay Goswami," the court said.

The court further said "all accused indulged into targeting Hindus and their such acts were apparently prejudicial to the harmony between the community of Muslims and Hindus and they disturbed the public tranquillity as well".

Saying that the description of the specific role of every accused was not required, the court further said "participating and being a member of the mob, being conscious of its objectives, is sufficient to make all accused liable for the deeds of the mob".

The court also noted that for the same criminal conspiracy and acts resulting in the various offences, which were common for several incidents of injuries to different persons, charges were already framed under the IPC and the Arms Act in a separate FIR in the same police station.

As a result, there was no need to again frame charges under sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 153 A (promoting enmity between different groups on grounds of religion, race, place of birth, residence) of the IPC and under relevant provisions of the Arms Act.

During the hearing, Special Public Prosecutor Madhukar Pandey said all accused persons were liable to be tried for the alleged offences by virtue of Section 149 of the IPC.

An FIR against the accused persons was registered at Dayalpur police station.