Former Aam Aadmi Party (AAP) councillor Tahir Hussain on Wednesday argued before a Delhi court that the police had relied upon older rioting FIRs in the 2020 Northeast Delhi riots larger conspiracy case without conducting independent investigations into the terrorism allegations. He contended that the terrorism charges were not applicable to the accused in the larger conspiracy case.
Hussain and 17 others have been charged in the case under stringent provisions of the Unlawful Activities (Prevention) Act (UAPA). Advocates Rajiv Mohan, Tara Narula, and Rishabh Bhati represented the accused in the larger conspiracy case involving the 2020 Northeast Delhi riots before the court of Additional Sessions Judge Sameer Bajpai.
“Confessional statements (by others allegedly complicit in the crime) are not admissible in law under the UAPA. The agencies never understand this. If they did, the statements of witnesses would not make up such a large portion of their chargesheets,” advocate Mohan argued. He stated that none of the organisations the Delhi Police Special Cell, which is investigating the case, mentioned in its chargesheets were classified as terrorist organisations.
“They have made an arrest such a casual thing. They pick up whoever they like, whenever they like,” Mohan said. The counsel also said a person named “Mike”, who was made a witness by the prosecution, knew beforehand that the riots would take place and that he was “privy to the offence”. He also said “Mike” should be booked for intentionally omitting information about the offence.
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