‘Instigated youth who then killed man’

In the chargesheet submitted by Delhi Police Special Cell in FIR Number 59 under sections of the Unlawful Activities (Prevention) Act, suspended Aam Aadmi Party (AAP) councillor Tahir Hussain’s alleged confession statement details how he collected bottles, acid and petrol, and allowed his house to be used during the February riots in north-east Delhi.

In the alleged confession, Mr. Hussain claimed he met Kapil Mishra in 2015 when the latter was with AAP and also met activist “Khalid Saifi in AAP office”.

Mr. Hussain claimed Mr. Saifi “had a good hold in AAP” due to which he had asked the activist to get him an MLA ticket but he could not get it. In 2017, Mr. Hussain got the councillor ticket and won from Nehru Vihar.

“Saifi told me now that you have both money and power... we will use it against Hindus and for our community,” the police quoted Mr. Hussain in the documents.

It also allegedly stated that Mr. Hussain met former Jawaharlal Nehru University student Umar Khalid on January 8 in Popular Front of India (PFI) office and that he was told by Mr. Saifi that the PFI will fund “our fight against the Hindus”.

Mr. Hussain is quoted as saying that Mr. Saifi told him that his house is the tallest in the area and has space that can be used.

“I was tasked to slowly collect empty glass bottles, stones, petrol and acid, which can be used when the time comes… A few days later, Saifi told me about Trump’s (Donald) visit and that we will do something big which will shake the government… I started collecting empty glass bottles from rag pickers, started getting stones from nearby construction sites on the pretext of cleanliness… I asked rag pickers to bring acid on the pretext of cleaning the terrace,” Mr. Hussain is quoted as saying.

The former AAP leader allegedly stated that he called several people on February 24 and let them inside the house through a small shutter on the ground floor. Later in the night, Mr. Hussain hid in one Iliyas Hakim’s house and sent his wife and kids to his father’s house, he is quoted as saying.

On February 25, Mr. Hussain claimed he collected several Muslim youth and instigated them. “They caught hold of a Hindu man and attacked him with sticks, rods and knives on my orders and then asked them to dump his body in a drain,” he is quoted as saying.

In the document, Mr. Hussain is quoted as saying that he used ₹1.5 crore from his companies for the riots.

“So this money cannot be traced, I managed the entries and transactions in the accounts and collected cash,” the document quoted Mr. Hussain.

Mr. Hussain’s statement also mentions a meeting at Al-Hind Nursing Home in the presence of owner M.A. Anwar regarding instigating Muslims against the Citizenship (Amendment) Act.

‘Inadmissible evidence’

“Any statement attributed to Mr. Saifi by the police is inadmissible evidence. It can neither be used by the prosecution to enhance its case nor can it be used to prove the culpability of Mr. Saifi. By and large confessional statements are recorded by the police to suit their case. This is no different unless there is any independent evidence to corroborate any of the averments made in the confessional statement. The same is without any value or merit,” said senior advocate Rebecca John, who has appeared for Mr. Saifi.

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Printable version | Oct 20, 2020 9:04:10 PM |

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