Suspended Aam Aadmi Party leader Tahir Hussain, who has been absconding ever since being charged with the murder of an Intelligence Bureau (IB) officer during the riots in Northeast Delhi, was on Thursday arrested by the Delhi Police.
The AAP councillor, accused of murder, rioting and arson, had arrived at the Rouse Avenue Court today to surrender.
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Ahead of his arrival, Hussain, through his lawyer Mukesh Kalia, had moved a surrender plea before Additional Chief Metropolitan Magistrate (ACMM) Vishal Pahuja.
Hussain moved the application before the court saying that he was willing to join the investigation and wanted to surrender in the case.
However, the magistrate rejected Hussain’s plea saying that the relief sought by him was outside its jurisdiction.
The court said that as per the provisions of 177 Criminal Procedure Code (Ordinary place of inquiry and trial), the offence shall ordinarily be inquired into and tried by court within whose local jurisdiction it is committed.
“In the instant case, the offence has been committed within the jurisdiction of PS Dayalpur which falls within the jurisdiction of Karkardooma Court. The reason given in the application for moving this application does not justify the conduct of the applicant to choose this forum for seeking the reliefs,” the judge said.
Advocate Mukesh Kalia, appearing for Hussain, submitted that there is a grave apprehension of threat to his life and therefore he has not surrendered before the competent court as there is “charged environment” in Karkardooma District court.
He said Hussain has no connection or involvement in the FIR registered by the police and he is being falsely implicated.
The court, however, maintained that the Delhi High Court has specifically made a division of the jurisdictions, be that of the police stations or the courts district-wise and work has been allocated accordingly.
As the court dismissed Hussain’s plea, a Delhi Police Crime Branch team, which had already arrived, arrested him and took him into custody.
Tahir Hussain was suspended from the primary membership of AAP last week for his alleged involvement in the violence which has left at least 48 people dead and around 200 injured.
The family of IB officer Ankit Sharma, who was found dead in a drain near his home in northeast Delhi’s riot-hit Chand Bagh area, has accused Hussain of being behind the killing.
As allegations piled up, Hussain also put out video statements claiming his innocence.
Tahir Hussain had claimed that he too was a victim of the violence that broke out in several parts of northeast Delhi after clashes between the supporters and opponents of the Citizenship Amendment Act (CAA).