New Delhi: A Delhi court has framed charges against former Aam Aadmi Party (AAP) councillor Tahir Hussain, his brother Shah Alam and four others in a case related to the 2020 anti-Hindu riots. have been given. The court said that the mob had deliberately hatched a conspiracy to kill Hindus and damage their property. Additional Sessions Judge Pulastya Pramachala framed charges against Tahir Hussain, Shah Alam, Gulfam, Tanveer Malik, Nazim and Qasim under sections 147, 148, 153A, 302, 307, 120B, 153A and 149 of the IPC. Let us inform you that, additional charges have also been framed against the two accused, Gulfam and Tanveer Malik, under Section 27 of the Arms Act.

The court has said that 'The indiscriminate firing on others shows that this mob intentionally wanted to kill Hindus. It cannot be said that the accused persons were unaware of the motive of this mob. Clearly, it was an illegal assembly, working for the same purpose (killing of Hindus).' Let us inform you that, in February 2020, FIR number 91/2020 was registered at Dayalpur Police Station after receiving information from Shushrut Trauma Center in the case of Ajay Jha being shot in Chand Bagh area. Jha had informed the police that on February 25, 2020, when he reached near Tahir Hussain's house, he saw several people on the terrace, who were firing at nearby houses, pelting petrol bombs and stones.

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Jha had also told that Tahir Hussain and his brother Shah Alam along with others were attacking the houses of Hindus with stones and petrol bombs and sometimes even wielding weapons. Jha had told that during this time the violent crowd was raising religious slogans. Jha further said that he was shot by the accused Gulfam, causing injury to his shoulder and chest. Jha said that he had identified Gulfam because he already knew him. He also named others from the mob, who are accused in the FIR.  

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Thereafter, while framing the charges against the six accused, the Delhi Court observed that just because the statements of the eyewitnesses were recorded with delay, it cannot declare them untrustworthy without giving an opportunity to the prosecution and the witnesses to show cause. The judge said, "One should not forget that at the relevant time, there were riots in the capital for a few days. Delhi Police and other security forces were pressed on duty to prevent the riots.'' Therefore, the focus of the police was more on the aspect of controlling the riots rather than initiating an investigation into every incident of riots. In times of panic, one cannot expect everything to happen in a very orderly fashion. Even the victims and witnesses did not have the courage to complain against anyone. They were more concerned about their safety.

Considering the statements of the prosecution witnesses, the court observed that the presence of all the accused in the crowd was well reflected. The court observed that 'It is also very clear that this mob was continuously indulging in firing, pelting stones and pelting petrol bombs on Hindus and their houses. These acts of the mob indicate that their motive was to cause damage to the Hindus and their property. Everyone was aware of this motive.'

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