‘Police Charge Sheet Not Proof of Guilt’: Tahir Hussain’s Lawyer

The police has linked suspended AAP counsillor Tahir Hussain to then United Against Hate group as well.

3 min read

Stating that suspended AAP Councillor Tahir Hussain played a ‘pivitol role’ in the violence in Chandbagh area of northeast Delhi, Delhi police filed a 1,030-page chargesheet in the particular FIR at Karkadooma court on 2 June.

The case was regarding the violence that took place outside Tahir Hussain’s house on 24 February. The police in a note has said, “Fifteen persons, including Tahir Hussain, have been arrested in this case.” The chargesheet goes allege that there was ‘a deep rooted conspiracy to cause riots in North East Delhi’.

In the light of the charge sheet being filed, The Quint looked into the police brief on the charge sheet and reached out to the lawyers of the suspended AAP councilor and others.

What the Police Says About Tahir Hussain’s Involvement

Speaking about the alleged involvement of Hussain and others, the Delhi police has said, “Tahir Hussain, a politician of Aam Aadmi Party and sitting councilor in EDMC, Delhi, played a pivotal role in the incident. His younger brother, Shah Alam was also arrested. Tahir Hussain’s licensed pistol, which was used by him during the riots, was seized during investigation. It was interesting to find out that on 22.2.2020, Tahir got his pistol released from PS. Khajuri Khas. This is just one day prior to the starting of riots in Delhi.” Connecting Hussain to United Against Hate, a group that was formed in the light of an increase in cases of lynchings in July 2017 and has been under the scanner ever since Home Minister Amit Shah linked the group to the violence in north east Delhi, the police alleged, “He (Hussain) was found connected to Khalid Saifi and Umar Khalid who are part of a larger group of persons who were organising riots and protests in Delhi.”

Regarding the recovery of evidence from Hussain’s home-cum-factory in Chandbagh, which had made news in the last few days of the riots, the police said, “Recovery of crates containing glass bottles having some liquid filled in them and their necks stuffed with pieces of cloth, which were used/to be used as Molotov cocktails, large number of bricks and stone pieces and three catapults from the house of accused Tahir Hussain further point towards the conspiracy and the extent of preparation for causing riots in the area. In both the above cases, further investigation against other accused persons identified in the case, will continue.”

Lawyers React to Delhi Police Note

Tahir Hussai’s lawyer Javed Ali told The Quint that the police’s version is absolutely incorrect. "Filing charge sheet does not mean that my client is guilty. He is being targeted. It is unfortunate that the police is not bringing forth the truth in the probe in the Delhi riots. Also please do not single out my client, there are at least 15 people this charge sheet has been filed against," he said.

Reacting to Khalid Saifi's name being mentioned in the brief note, Harsh Bora, Khalid's lawyer said, "Khalid Saifi has absolutely nothing to do with this case against Tahir Hussain in which chargesheet has been filed by PS Jaffrabad. The allegation against Khalid by the Delhi Police in its note is baseless conjecture, done only to create prejudice against Khalid in the eyes of the law and the general public.”

The Quint tried to reach out to Tahir Hussain and Umar Khalid’s lawyers, this copy will be updated as and when they respond.

Details of the FIR Filed

In the middle of the riots, Tahir Hussain was charged in an FIR filed on 25 February under the following sections: section 109 (punishment of abetment if the act abetted is committed in consequence and where no express provision is made for its punishment), 114 (abettor present when offence is committed. Abettor present when offence is committed), 147 (rioting), 148 (rioting, armed with deadly weapon), 149 (unlawful assembly), 186 (obstructing public servant in discharge of public functions), 353 (assault or criminal force to deter public servant from discharge of his duty), 395 (punishment for dacoity), 427 (mischief causing damage to the amount of fifty rupees), 435 (Mischief by fire or explosive substance with intent to cause damage to amount of one hundred or ten rupees), 436 (Mischief by fire or explosive substance with intent to destroy house, etc.), 452 (house-trespass after preparation for hurt, assault or wrongful restriant), 454 (lurking house-trespass or house-breaking in order to commit offence punishable with imprisonment), 153A, (Promoting enmity between different groups on grounds of religion, race, place of birth, residence etc), 505 (statements conducing to public mischief ), 120B (criminal conspiracy), 34 (common intention) of the Indian Penal Code and Section 3 and 4 Prevention of Damage to Public Propoerty Act as well as 25/27 Arms Act.

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