Delhi Riots: Court denies bail to Tahir Hussain, 2 others under UAPA

Delhi's Karkardooma Court rejected bail for Tahir Hussain, Athar Khan, and Saleem Malik in the Delhi riots conspiracy case. The court, citing UAPA provisions, found a prima facie case against them and stated there were no merits in their pleas.

Delhi's Karkardooma Court on Thursday rejected regular bail pleas of Tahir Hussain, Athar Khan and Saleem Malik alias Munna. They are accused in a case linked to the alleged conspiracy of the Delhi riots. They have been charge-sheeted under UAPA.

Additional Sessions Judge (ASJ) Sameer Bajpai rejected the bail pleas of Ex MCD councillor Tahir Hussain, Athar Khan and Saleem Malik alias Munna. While rejecting the bail pleas, the court said there is no merit in the applications in view of the provisions of ofthe Unlawful Activities (Prevention) Act (UAPA).

Court Cites UAPA Provisions, Previous Rulings

On January 5, the Supreme Court granted bail to 5 accused in this case. The bail pleas of Umar Khalid and Sharjeel Imam were rejected by the apex court. "Now, despite the order of the Hon'ble Supreme Court regarding co-accused persons, when this Court has once formed the opinion that prima facie a case is made out against the applicant, no other different opinion can be formed now by reviewing the earlier order," ASJ Bajpai said in the order passed on January 29.

Focus on Tahir Hussain's Plea

While dismissing the bail plea of Tahir Hussain, the court said, "Accordingly, the Court doesn't find merits in the application, and the same is hereby dismissed." The court dismissed Tahir Hussain's bail application on March 30, 2024, and stated that the Allegations against the Accused are prima facie true. "In the earlier order, this Court also observed that a prima facie case was there against the applicant and the bar under section 43D(5) OF UAPA was there and therefore, the case of the applicant was not a fit case for bail," the court said in the order.

In this case, Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Ishrat Jahan, Safoora Zargar and others are accused in this case. They are charge-sheeted under the IPC and the UAPA. The matter is at the stage of arguements on charges.

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