2020 riots case: Prima facie case still exists; Court denies bail to Tahir Hussain, 2 others

New Delhi: Despite the Supreme Court granting bail to five accused in the 2020 Delhi riots larger conspiracy case earlier this month, a Delhi court has denied relief to the other three co-accused facing almost similar charges in the case.

Additional Sessions Judge Sameer Bajpai, on Thursday, was hearing a bail application filed by Athar Khan, Salim Malik and ex-AAP councillor Tahir Hussain and denied them bail, saying that the prima facie case was made out against them in earlier orders and that bar still exists.

Athar Khan, Salim Malik and Tahir Hussain have been charged under the UAPA over their alleged involvement in the 2020 riots. The trio had filed their bail applications after the Supreme Court granted bail to five other accused in the same case on January 5, contending that they are facing similar charges and seeking parity.

“Despite the order of the Supreme Court regarding the co-accused persons, when this court has once formed the opinion that a prima facie case is made out against the applicant, no other different opinion can be formed now by reviewing the earlier order,” the court said, denying bail to ex-AAP councillor Tahir Hussain.

The court noted that all three accused were charged under the stringent Unlawful Activities Prevention Act (UAPA) and made a similar contention in three separate orders that their earlier bail applications were dismissed after finding that allegations against the accused persons were prima facie true.

According to the Section 43D (5) in the UAPA, the accused person shall not be released on bail or on his own bond if the court, on a perusal of the case diary or the report made under section 173 of the Code, is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true.

In its chargesheet, the Delhi Police had alleged connections between Hussain and activists Khalid Saifi and Umar Khalid, who were part of a larger group of persons who were organising protests in Delhi.

Police had also reportedly recovered crates containing glass bottles having some liquid filled in them and their necks stuffed with pieces of cloth, which were used or to be used as Molotov cocktails, a large number of bricks and stone pieces and three catapults from the house of Tahir Hussain.

Athar, a former call centre employee, has been accused of being one of the main organisers of the protest at Chand Bagh in northeast Delhi and allegedly delivering inflammatory speeches there.

According to the Delhi Police Special Cell, Athar allegedly participated in secret meetings, in which he said that the “time has come to burn Delhi” and coordinated the destruction of CCTV cameras.

Salim was among the 11 alleged organisers and speakers of the anti-CAA/NRC meeting.

The Supreme Court granted bail to five accused in a high-profile case, distinguishing conspirators from facilitators, but denied bail to Umar Khalid and Sharjeel Imam under UAPA; seven others

remain in prison.