Delhi High Court Seeks Police Feedback on Tahir Hussain’s Bail Plea
The Delhi High Court has issued a directive to the Delhi Police, asking for a response to the bail application submitted by Tahir Hussain, a former councillor from the Aam Aadmi Party (AAP). This plea is associated with the alleged conspiracy related to the 2020 Delhi riots.
The bail appeal challenges an earlier decision made on January 29 by an Additional Sessions Judge, which denied Hussain’s request for bail. The vacation bench, consisting of Justice Neena Bansal Krishna and Justice Madhu Jain, has provided the Delhi Police with a four-week timeframe to respond to Hussain’s appeal. This appeal also includes a request to excuse an 87-day delay in its filing.
Charges and Legal Proceedings
The police have accused Tahir Hussain, along with others, of engaging in terrorist activities and orchestrating violence during the 2020 Delhi riots. The prosecution has applied sections from the Unlawful Activities Prevention Act (UAPA) to these accusations.
Previously, on January 5, the Supreme Court had granted bail to five individuals involved in the same case. However, bail was denied to Umar Khalid and Sharjeel Imam. Subsequently, on January 29, Additional Sessions Judge Sameer Bajpai of the Karkardooma Courts dismissed the bail applications of Hussain, Salim Malik, and Athar Khan. Judge Bajpai emphasized that the Supreme Court’s decision to grant bail to others did not automatically entitle Hussain to bail. He stated that if the court has formed a preliminary opinion against the accused, it cannot alter its stance without reviewing the earlier order.
This decision by Judge Bajpai is now being contested in the High Court by Hussain.
More Read
Appeal Delays and Legal Context
During the proceedings, the Delhi Police, represented by Additional Solicitor General SV Raju, highlighted the delay in filing the appeal. Senior Advocate Rajiv Mohan, representing Hussain, acknowledged this delay, attributing it to significant issues pertinent to the appeal currently pending before the Supreme Court.
Interestingly, on May 22, the Supreme Court’s division bench referred certain legal questions related to the denial of bail for Umar Khalid and Sharjeel Imam to a larger bench, impacting the overall legal context.
Hussain’s bail application is set for further hearing in the Delhi High Court on July 16.
