A Delhi Court on Wednesday discharged former Aam Aadmi Party Councillor Tahir Hussain and nine Muslim men from the charge of ‘causing mischief by fire or explosive substance with intent to destroy a building’, in a case of 2020 northeast Delhi violence.
“It is well apparent that this Section was added in this case without due application of mind. Hence, all the accused persons are discharged for offence under Section 436 IPC,” said Additional Sessions Judge Pulastya Pramachala.
Section 436 of the Code provides for sentencing of anyone who commits mischief by fire or any explosive substance, with an intent to cause destruction of any building used as a place of worship or as a human dwelling or as a place for the custody of property. The offence is punishable with life imprisonment or with imprisonment of a term which may extend to ten years and with fine.
The court however remanded the case back to the Chief Metropolitan Magistrate (CMM) for the trial of other offences under Section 147, 148, 149, 427, 120B of IPC and Section 3 and 4 of Prevention of Damage to Public Property Act, Live Law reported.
Tahir Hussain, Mohd. Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid, Mohd. Rihan, Mohd. Abid, Arshad Qayyum and Irshad Ahmed have been discharged under Section 436 of IPC.
The complaint made by one Jai Bhagwan as well as his statement, by no stretch of the imagination, showed the commission of the offence under Section 436 of IPC, the court held.
Except for general information regarding the incidents that took place during the violence, “one cannot get any idea as to for what particular incident this particular case was registered and chargesheet was filed,” said the ASJ.
The court noted that it is only from the second chargesheet that SPP pointed to the statement and complaint made by Jai Bhagwan, Live Law reported. The judge also observed that the complaint has “several cuttings and corrections” in the endorsement.
Tahir Hussain is facing multiple cases in connection with the northeast Delhi violence including the case under draconian UAPA.