The Central Jail authorities on Wednesday filed a report stating that former Municipal Corporation of Delhi (MCD) councillor Tahir Hussain, who is an accused in a larger conspiracy of February 2020 Northeast Delhi riots, needs a cataract surgery.
Tahir Hussain has already sought custody parole on medical grounds to take treatment in a private hospital. He is an accused in many riots cases. He is also an accused in a money laundering case for alleged funding of Delhi riots.
Additional Sessions Judge Amitabh Rawat of Karkardooma Court has listed the matter for hearing on January 21.
The report has stated that Tahir Hussain needs cataract surgery in his left eye and he has refused to go outside for his surgery till the disposal of his petition before the High court.
Notably, the jail authorities were previously sending him to a government hospital for surgery, which he eventually refused. He told the court that he wanted to undergo the surgery at a private hospital.
Tahir Hussain told the court that according to his knowledge, there is no petition pending in this regard.
The court had asked Hussain's counsel to apprise the court if there was any petition pending before the High court. The court may pass an order if there is nothing pending before the High court.
On January 7, the court sought a medical report from the jail authorities on Tahir Hussain's application.
Another Court hearing the North East Delhi riots cases, on October 14, 2022, framed charges against six accused persons including Ex-MCD Councillor Tahir Hussain and his brother Shah Alam, observing that the mob hatched a conspiracy "to kill Hindus and harm them" and as part of that, a gunshot injury was caused to one Ajay Jha.
The judge said, "The facts and evidence of this case show that a number of persons assembled at the house of Tahir Hussain. Some of them were equipped with firing weapons."
Petrol bombs were also arranged, by accumulating the required materials in the house of Tahir Hussain. All these things were done to target Hindus," the judge added.
The judge further said, "Every member of the mob assembled there, participated in achieving and encouraging others, to target Hindus. Such conducts of the members of this mob, show that they were acting out of the meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus."
In pursuance of the objective of the larger conspiracy, when smaller plans are made andexecuted to cause an incident of a riot at a particular place or area involving some other persons (perhaps including local persons), this becomes a case of smaller conspiracy under Umbrella Conspiracy, the court had added.
"Therefore, FIR 59/20 (For larger conspiracy) as referred herein above is to be treated to cover the aspect of Umbrella Conspiracy. The allegations and evidence in this case, have to be assessed to find out the existence of a smaller conspiracy peculiar to the incident covered in this case," the court had observed.
( With inputs from ANI )
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