The Delhi High Court on Wednesday sought response of the city police on bail plea of former AAP councillor Tahir Hussain, who was arrested for his alleged role in the north-east Delhi riots.
Justice Suresh Kumar Kait asked the investigating officer of the case to file a status report on Mr. Hussain’s plea while posting the case for further hearing on December 11.
On October 22, a trial court here had denied bail to Mr. Hussain in three different FIRs related to the riots, noting that he used his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration.
The trial court had said that the public witnesses in the cases against Mr. Hussain are residents of the same locality and if released on bail at this stage, the possibility of him threatening or intimidating them cannot be ruled out. Mr. Hussain has been in judicial custody since March 16. He had argued that there is no evidence by way of even a single video footage or CCTV footage to prove that he had participated in the riots or caused damage to any property.
“Even if there were no direct acts of violence attributable to the applicant [Hussain], he cannot shy away from his liability under the provisions of the sections invoked against him, particularly on account of the fact that his house/building became the hub/centre point for the rioters and rabble-rousers to unleash the worst communal riots since partition in Delhi,” the trial court had said.
The call detail record (CDR) analysis of Mr. Hussain’s mobile number confirms his presence at or around the scene of crimes on the dates of incidents, the trial court had said. It had also rejected Mr. Hussain’s contention on delay in recording of statements of witnesses by investigating agency.
