NEW DELHI: In a case involving the 2020 North East Delhi riots, the Delhi Court has filed charges against former Aam Aadmi Party councillor Tahir Hussain, his brother Shah Alam, and four other men, noting that the mob plotted "to kill Hindus and harm (their) properties" and that one Ajay Jha was shot as a result.

Further Sessions On Thursday, Judge Pulastya Pramachala filed charges under Sections 147, 148, 153A, 302, 307, 120B, 153A, and 149 of the IPC against Tahir Hussain, Shah Alam, Gulfam, Tanveer Malik, Nazim, and Kasim. Gulfam and Tanveer Malik have been charged with further offences under Section 27 of the Arms Act.

"It is obvious that this group intentionally sought to kill Hindus because of the indiscriminate shooting at bystanders. It cannot be claimed that those accused were unaware of the mob's goal. Evidently, this was an illegal gathering with the aforementioned goal. Any accused person, including Tahir Hussain, is not supposed to move in a motionless manner. Consequently, many witnesses observed them in various ways, "The judge stated.

Following information from the Shushrut Trauma Center alleging a firearm injury to Ajay Jha in the Chand Bagh area in February 2020, the FIR 91/2020 was filed at the Dayyalpur police station.

Jha told the police that when he got close to Tahir Hussain's house on February 25, 2020, he spotted several people standing on the terrace who were shooting off bullets and throwing petrol bombs and stones at surrounding homes.
He also claimed that Tahir Hussain, his brother Shah Alam, and others were throwing petrol bombs and stones at Hindus' homes, as well as firing weapons on occasion. Jha claimed that the mob was chanting religious anthems.
Jha further said that the accused Gulfam shot him, injuring his shoulder and chest. Additionally, he asserted that he recognised Gulfam because he knew him. He listed further mob members who are charged in the FIR. Jha's situation was that he was in discomfort and was unable to provide a statement to the police the same day.

In laying out the allegations against the six defendants, the court noted that just because eye witness statements were taken at a late point, it cannot automatically consider them to be untrustworthy without giving the prosecution and the witnesses a chance to provide an explanation.

"Second, it is important to remember that riots in Delhi at the time were ongoing for a few days. To put an end to the disturbances, the Delhi Police and other security personnel were mobilised. Therefore, rather than starting to look into each riot occurrence, police concentrated more on the element of suppressing the disturbances. You cannot anticipate that things would go well during a panic. Even the victims and witnesses lacked the bravery to file complaints. Their safety was more of a priority "The judge said.

The court noted that there is a concept of an overarching conspiracy as the prosecution alluded to FIR 59/20, which includes the allegation of a broader conspiracy to perpetrate the riots (UAPA case) "There are multiple lesser conspiracies nested within the larger one in an umbrella conspiracy.

As a result, FIR 59/20, to which this article made reference, is to be regarded as covering the aspect of umbrella conspiracy. To determine if a smaller conspiracy specific to the occurrence at issue in this case exists, it is necessary to evaluate the claims and evidence in this case "The judge stated.

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