New Delhi [India], March 20 : The Karkardooma Court on Friday directed the State to ensure that the Delhi Riots accused Tahir Husain undergoes surgery for a hernia in custody in 15 days. The court passed the order on his interim bail plea on medical grounds.
Husain is an accused in a larger conspiracy of the North East Delhi Riots of 2020.
Additional Sessions Judge (ASJ) Sameer Bajpai granted the relief to former AAP leader and MCD Councillor Tahir Hussain.
The court has directed the state to ensure that Tahir Hussain gets due care after surgery.
Advocate Tara Narula, counsel for Husain, said that though he sought interim bail. However, the court has ordered his surgery in custody. It is subject to his consent, she said.
Tahir Hussain, a former AAP MCD Councilor had moved the Court for an interim bail on medical grounds.
His earlier bail application was rejected by the court on January 29.
The court had sought a report from the concerned jail Superintendent to file a report on the medical condition of Tahir Hussain.
"Now, despite the order of the Hon'ble Supreme Court regarding co-accused persons, when this Court has once formed the opinion that prima facie a case is made out against the applicant, no other different opinion can be formed now by reviewing the earlier order," ASJ Bajpai said in the order passed on January 29.
While dismissing the bail plea of Tahir Hussain, the court said, "Accordingly, the Court doesn't find merits in the application, and the same is hereby dismissed."
The court had dismissed the bail application of Tahir Hussain on March 30, 2024 and had said the Allegations against the Accused are prima facie true.
"In the earlier order, this Court also observed that a prima facie case was there against the applicant and the bar under section 43D (5) OF UAPA was there and therefore, the case of the applicant was not a fit case for bail," the court said in the order.
Tahir Hussain, Umar Khalid, Sharjeel Imam, Natasha Narwal, Devangana Kalita, Asif Iqbal Tanha, Ishrat Jahan, Safoora Zargar and others are accused in this case. They are charge-sheeted under IPC and UAPA. The matter is at the stage of arguements on charges.