The Delhi High Court on Friday issued discover to the Centre, Delhi authorities and Delhi Police on a plea by former Aam Aadmi Party (AAP) councilor Tahir Hussain difficult the enforcement of provisions of the Unlawful Activities (Prevention) Act towards him. With the Northeast Delhi riots.
Justice Mukta Gupta sought response from the authorities inside 4 weeks and thereafter listed the matter for additional listening to on September 28, in search of a counter-affidavit inside three weeks.
Hussain, within the petition, has sought quashing of the provisions of UAPA towards him within the chargesheet filed within the alleged case of bigger conspiracy behind the Northeast riots and the sanction of prosecution for such offences.
Senior advocate Mohit Mathur, representing Hussain, argued earlier than the courtroom that Sections 13 and 15 of the UAPA have been invoked towards him however “nothing has been said as to how his role becomes a terrorist act or illegal activity “.
“We have challenged this through a writ petition because after I was taken into custody… in the entire charge sheet, there is nothing. Mere road jam or chakka jam or protest or dissent… Expression of dissent being taken as a terrorist act, that is the essence of the petition,” argued Mathur.
Opposing the petition, advocate Amit Mahajan, representing the Center and the police commissioner, mentioned that cognizance has already been taken within the matter. “This is a case where they are challenging the clearance on merit. There are judgments which say that the invalidity of sanction on the ground of non-use of mind should be dealt with at the litigation stage,” argued Mahajan.
The courtroom, nevertheless, mentioned that the query of invalidity on benefit could be within the case however “if it is a fundamental issue then perhaps he may have a right”. Justice Gupta mentioned, “Then he has to show that the issue raised goes to the root of the matter… It is a fundamental deficiency in the application of the provisions, that is his contention.”
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With inputs from TheIndianEXPRESS
