Charges were framed by a Delhi court against former AAP Councillor Tahir Hussain and five others in a case relating to the North East Delhi riots 2020. Additional Sessions Judge Virender Bhat observed that Hussain was not a ‘mute spectator’ but was an ‘active rioter’ in the riots. The court also observed that he was found to instigate the members of an unlawful assembly to teach a lesson to the members belonging to the other community.

The prosecution accused Tahir hatched a conspiracy with the object of committing riots in Khajuri Khas in the Chand Bagh area of Delhi thereby targeting the people belonging to the Hindu community as well as their properties. Complainant Karan alleged that on 25 Feb 2020, Tahir formed an unlawful assembly which was led by Tahir to vandalize and set ablaze a godown owned by the complainant.

The Court had framed charges against the 6 men under the Indian Penal Code (IPC) Sections 120B (criminal conspiracy), 147 (rioting), 148 (armed rioting), 149 (unlawful assembly), 395 (dacoity), and 427, 435, and 436. Tahir Hussain was also additionally charged with IPC 109 and 114, besides the other IPC Sections.

Additional Sessions Judge Virender Bhat stated, “Tahir Hussain’s house throwing stone, patrol bombs etc. from there… He was not a mute spectator but was taking an active part in the riots and instigating the other members of the unlawful assembly to teach a lesson to the persons belonging to other community.”

The Delhi court observed that Hussain and five others namely, Shoaib, Gulfam, Javed, Firoz and Anas were in agreement to engage in activities of vandalism and arson of properties belonging to the Hindu community. As such the former AAP councillor was not just a mute spectator but had made “elaborate preparations” for the success of his plans. “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,”

The charge sheet further stated that some videos and CCTV footage were received in the Cyber Cell or Crime Branch through social media with regards to the incident that occurred near the building of the accused Tahir Hussain.