NEW DELHI: A Delhi Court has ordered the framing of charges against ten people including former AAP councillor Tahir Hussain for allegedly involving in rioting and arson, saying that evidence shows that the mob was instigated by Hussain to indulge in vandalism, loot and arson in the properties and shops at Moonga Nagar in the northeast Delhi during 2020 communal riots.
Additional Sessions Judge Pulastya Pramachala, in a recent order, said a prima facie case for an offence punishable under various sections of IPC was made out against Hussain and nine others including sections 148 (rioting, armed with a deadly weapon), 380 (theft in dwelling house) 427 (punishment for committing mischief and thereby causing loss or damage to the amount of Rs 50 or upwards).
He was also charged with 435 (mischief by fire or explosive substance with intent to cause damage) 436 (mischief by fire or explosive substance with intent to destroy a house, etc.) 450 (house-trespass in order to the committing of any offence punishable with imprisonment for life) read with IPC section 109 (punishment of abetment).
In the same order, however, the sessions court discharged three accused persons--Deepak Singh Saini, Mahak Singh and Navneet, saying the prosecution was unable to bring on record any “admissible” evidence which could establish that the trio was part of the riotous mob.
As per the case, all the 13 accused were allegedly part of a riotous mob that looted and torched three shops in the Moonga Nagar locality in New Mustafabad. “The mob was instigated by Tahir Hussain to indulge in vandalism, loot and arson in the properties and shops situated in that area. That mob consequently attacked the nearby properties including the three properties in question in this case.” the order said.
