Delhi riots: Hussain’s plea to set aside UAPA provisions an attempt to stall trial, Police to HC



NEW DELHI: Delhi Police has told the Delhi High Court that former AAP councillor Tahir Hussain’s challenge to the invocation of UAPA provisions against him in a north-east Delhi riots case is an attempt to short circuit and stall the trial.

The police, in its response filed to Hussain’s petition, stated that “any aspersions” on the grant of sanction to prosecute him in the case lodged under the Unlawful Activities (Prevention) Act (UAPA) can only be looked at by the trial court.

Justice Mukta Gupta Tuesday directed that the Delhi Police’s response be brought on record and listed the matter for further hearing on November 29.

The affidavit filed by Deputy Commissioner of Police, Special Cell said, “It is abundantly clear that the petition is nothing but an attempt to short circuit the trial and stall the same. Therefore, any aspersions cast on the grant of sanction can only be looked at by the trial court and the same does not fall within the adjudicatory realm of the writ court.”

Filed through lawyers Amit Mahajan and Rajat Nair, it further claimed that the petition is not maintainable before the high court and thus deserves to be dismissed as an alternative remedy to file an appeal under the Unlawful Assembly Prevention Act (UAPA) read with National Investigation Agency Act is available to the petitioner.

The response also said that while the trial court took cognizance of the offence on September 17, 2020, the petitioner has not challenged the same.

“The present petition is an abuse and misuse of process of law. The petition has been filed on baseless, concocted, and absurd facts and circumstances,” it stated.

On July 23 this year, the court had sought a response from the police on Hussain’s plea seeking to set aside UAPA provisions relating to terror activities invoked against him in the charge sheet in a case relating to an alleged larger conspiracy that led to the north-east Delhi riots during the anti-CAA protests.

Hussain, represented by lawyer Sujeet Kumar Gupta, has sought to set aside UAPA provisions including sections 13 (punishment for unlawful activities), 15 (terrorist act), 16 (punishment for the terrorist act), and 18 (punishment for conspiracy) invoked in the charge sheet filed by the Crime Branch of Delhi Police.

The petition also challenged the grant of sanction to prosecute him in the case lodged under UAPA.

Hussain has been facing prosecution in various cases lodged by Delhi Police in connection with the last year’s riots, including for the alleged offences of an attempt to murder and rioting under the Indian Penal Code and the Arms Act.

Communal clashes had broken out in northeast Delhi on February 24 after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and around 700 injured .

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