Court grants bail to man in Delhi Riots case, says cannot be jailed for merely being Tahir’s brother

A Delhi court has granted bail to a man in a northeast Delhi riots case, saying he cannot be jailed “for infinity” merely for being the younger brother of suspended AAP Councillor Tahir Hussain, the principal accused in the matter. While granting bail to Shah Alam, Additional Sessions Judge Vinod Yadav said the name of the only prosecution witness in the case was kept deliberately as there were no other independent witnesses.

It is a ‘general case’ about the use of the building of principal accused Tahir Hussain by the rioters as well as commission of acts of arson and looting of public and private properties, the court said. “In this case, only one witness namely Jai Bhagwan has been added. I have been taken through his complaint, and upon a perusal of the endorsement made on the complaint, it appears that the name of this witness has been kept deliberately in this case, as there was no other independent witness,” the judge said in his order passed on December 9.

I am of the considered opinion that applicant (Alam) is also entitled for grant of bail in the matter on the ground of parity. He cannot be made to incarcerate in jail for infinity merely on account of the fact that he is younger brother of principal accused Tahir Hussain or that other persons who were part of the riotous mob have to be identified and arrested in the matter, the order said. The court granted bail to Alam on furnishing a bail bond of Rs 20,000 with one surety of like amount in the case related to rioting in Dayalpur area.

It directed him not to tamper with evidence and to install the Aarogya Setu app on his mobile phone. During the hearing, Alam’s counsel said the accused has been falsely implicated in the matter and no recovery has been affected from him in the matter.

Special Public Prosecutor Manoj Chaudhary, appearing for the police, opposed the bail plea saying Alam was allegedly actively involved in the riots and many persons who were part of the riotous mob needed to be identified and arrested. Communal violence had broken out in northeast Delhi on February 24 after clashes between the Citizenship (Amendment) Act supporters and protesters spiralled out of control leaving at least 53 people dead and around 200 injured.