New Delhi: A court on Thursday rejected the bail applications of former AAP MLA Tahir Hussain and two others in the larger conspiracy case related to the Feb 2020 northeast Delhi riots. As a prima facie case has been made out against Hussain, Salim Malik and Athar Khan under Unlawful Activities (Prevention) Act (UAPA), “no fresh opinion” could be formed “reviewing the earlier order”, it opined.Additional sessions judge Sameer Bajpai dismissed the pleas in three separate bail orders, observing that the statutory bar on bail under Section 43D(5) of UAPA continued to operate. The defence relied on Supreme Court’s Jan 5 order granting bail to co-accused Shifa-ur-Rehman, Gulfisha Fatima, Salim Khan, Meeran Haider and Shadab Ahmed to seek parity. However, the court pointed out that bail had been denied to Umar Khalid and Sharjeel Imam in the same case, with the apex court holding that “all the accused in the case do not stand on the same footing”.
The counsel for the accused also contended that they had been in custody for nearly six years and charges were yet to be framed. Hussain’s counsel submitted that “even if charges are framed in the near future, the trial will take a long time” as around 950 witnesses were to be examined.The prosecution, however, argued that the bail pleas were “in the nature of a review petition” and, therefore, not maintainable. “Prima facie accusations show their involvement with the main conspirators in the case,” it said. Delhi Police has accused Hussain, Malik, Khan and others of being involved in terror activities and conspiring to commit violence during the 2020 riots and the prosecution has invoked UAPA. Earlier this month, Supreme Court granted bail to five accused in the case while denying relief to Khalid and Imam.
