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Tahir Hussain not a mere conspirator, but an active rioter – Delhi Court

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New Delhi. Former Aam Aadmi Party councillor Tahir Hussain and five others were on Friday charged with offences of criminal conspiracy and rioting, among various others, in a case connected to the Delhi Riots of 2020.

Following arguments from the counsel representing the accused persons and the prosecution, Additional Sessions Judge Virender Bhatt underlined that Hussain was not only a mere conspirator, but also an active rioter.

He was not a mute spectator but was taking active part in the riots and instigating other members of the unlawful assembly to teach lesson to the persons belonging to the other community,” the 30-page order read.

According to the prosecution, a building owned by Hussain was used during the violence to hurl stones and other incendiary weapons.

There was a parallel drawn with the “larger conspiracy” case stemming from FIR 59/2020 by the defence counsel. It was argued when a single conspiracy was already the subject matter in another case, there was no need to invoke Section 120B (criminal conspiracy) in the present case.

The Court, however, pointed out that the two alleged conspiracies were not the same in sum and substance. The order also noted that the circumstances brought on record nowhere indicated that the act was spontaneous.

“The above referred circumstances nowhere indicate that it was a spontaneous act but clearly reveal that there had been an agreement between the accused herein to commit vandalisation and arson in the properties belonging to Hindu community from the building E-17 belonging to accused Tahir Hussain and elaborate preparations had been done to fulfil the object of the agreement/ conspiracy,” it said.

Input – Bar and Bench

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