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The Delhi High Court has directed Delhi Police to respond to a bail application by former councillor Tahir Hussain regarding the 2020 Delhi riots conspiracy case. The court granted four weeks for the submission, while also reviewing a request to condone an 87-day delay in the appeal filing.
What Happened
The Delhi High Court is currently examining a bail plea filed by Tahir Hussain, a former councillor involved in the 2020 Delhi riots conspiracy case. A vacation bench, which includes Justices Neena Bansal Krishna and Madhu Jain, has issued an order requiring the Delhi Police to file a formal response. The court has allowed a period of four weeks for this submission to be made.
The Legal Context
This application follows a decision from January 29, when an Additional Sessions Judge declined the bail request. In that lower court ruling, Judge Sameer Bajpai indicated that he could not grant bail to the applicant solely based on the Supreme Court’s decision to grant relief to other co-accused individuals in the same case. The judge emphasized that the court must assess the specific evidence against each individual to determine if a prima facie case exists, rather than relying on precedents set for other defendants.
The Filing Delay
During the recent proceedings, the legal team representing the Delhi Police, led by Additional Solicitor General SV Raju, highlighted a procedural delay. The appeal was filed with an 87-day delay. Senior Advocate Rajiv Mohan, appearing for Hussain, acknowledged this time gap and has requested that the court condone the delay. This is a standard procedural hurdle in appellate courts, where the bench must decide whether to accept the appeal despite the late submission before hearing the arguments for bail.
Application of UAPA
The case is significant due to the invocation of the Unlawful Activities Prevention Act (UAPA). This law is designed for cases involving conspiracy and allegations of terror-related activities. Because of the strict nature of this act, the legal threshold for obtaining bail is generally high. The court's scrutiny remains focused on whether the prosecution has presented sufficient material to establish a case against the applicant.
What Investors And Readers Should Monitor
The next step in this legal process will be the submission of the police response. The High Court will then evaluate the request to condone the 87-day delay. If the court decides to accept the appeal, the substantive arguments regarding the bail application will proceed. Interested observers may monitor the timelines of these filings to understand the progress of the legal proceedings.