New Delhi: Delhi Court frames attempt to murder charges against ex-AAP Councillor Tahir Hussain and seven others for causing gunshot injury to one Ajay Goswami in the area of police station Dayal Pur during North East Delhi riots in February 2020. While framing charges, the court said there is material on record that all accused persons indulged in targeting Hindus.
Additional Sessions Judge Pulastya framed charges against Tahir Hussain, his brother Shah Alam, Tanvir Malik, Gulfam, Nazim, Kasim, Riyasat Ali, and Liyakat Ali under section 307 read with 120B and 149 IPC. The accused persons pleaded not guilty and claimed trial.
The Court said, "All accused are liable to be tried for hatching criminal conspiracy for riot and to kill Hindus and harm properties of Hindus and consequent to such conspiracy firing and causing gunshot injury to Ajay Goswami." The Court said that a number of persons assembled at and around the house of Tahir Hussain. Some of them were equipped with firing weapons. Acid, Petrol bombs were also arranged by accumulating materials in the house of Tahir Hussain. All these things were done to target Hindus.
While framing charges, the court observed, "It is clear every member of the mob assembled there, participated in achieving and encouraging others to target Hindus. Such conduct of the members of this mob shows that they were acting out of the meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus."
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During the argument on charge advocate Rizwan, counsel for Tahir Hussain argued that neither police nor the complainant satisfactorily explained the inordinate delay of four days in the registration of FIR. On the other hand, Special Public Prosecutor (SPP) Madhukar Pandey argued that Tahir Hussain was present at his house at the time of the incident. He was instigating the people gathered around his house and on the terrace of his house.
SPP further argued that the conduct of Tahir Hussain is important to look into. Various arms were used in the incident. All accused persons are vicariously liable for offenses of 307 and 505 of IPC. The statement given by the eyewitness left no doubt about the role of Tahir Hussain and other accused persons.
The present case was registered on the Complaint of Ajay Goswami who suffered a gunshot injury on February 25 on Karawal Nagar road. At the time of the incident, he was returning from his uncle’s house. He was informed by the people standing there that Gulfam and Tanveer were firing blindly. He was admitted to Bada Hindu Rao Hospital after a first aid local hospital.
After investigation Delhi police filed a charge sheet against Tahir Hussain and other accused persons under sections related to rioting, unlawful assembly, attempt to Murder, criminal conspiracy, and Arms Act. (Agency inputs)
