2020 riots: Prima facie accusations show Tahir Hussain and 2 others were involved, court told

NEW DELHI: The Delhi Police on Wednesday told a court here that there were reasonable grounds to believe that the “prima facie accusations” were true against Delhi riots larger conspiracy case accused Salim Malik, Athar Khan and former councillor Tahir Hussain.

The submissions were made before Additional Sessions Judge Sameer Bajpai who was hearing the bail applications of the three accused.

All three accused had filed their bail applications after the Supreme Court granted bail to five other accused in the same case, contending that they are facing similar charges and seeking parity.

During the arguments, the special public prosecutor (SPP) opposed the bail of all three accused, saying that prima facie accusations show that they were involved with the main conspirators in the case.

“Bail applications of Salim Malik and Athar Khan were dismissed by the predecessor court and the high court. Salim had also withdrawn his bail application filed in the Supreme Court, while Hussain had withdrawn his bail application from the trial court,” he informed the court.

Athar Khan, Salim Malik and Tahir Hussain were charged under the stringent Unlawful Activities Prevention Act (UAPA) over their alleged involvement in the 2020 riots.

The SPP contended that the offence against the three accused attracted UAPA Section 43D (5) as there were reasonable grounds for believing that the accusation against them was

prima facie true.

“Prima facie accusations show their involvement with the main conspirators in the case. The nature of the petitions is kind of a review petition. This is not maintainable in court,” he said.

The court is likely to pass an order on the bail applications of all three accused on Thursday.

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.

Athar Khan and Salim Malik are accused organisers in the 2020 Delhi riots case. While the Court granted bail to five accused, it denied relief to Umar Khalid and Sharjeel Imam; seven accused remain in jail.