On Friday, the Delhi High Court sent a notice to the Center, the Delhi government and the Delhi police on a petition filed by the former Aam aadmi party (AAP) Councilor Tahir Hussein is challenging the application of the provisions of the Law on Combating Illegal Activities in Relation to Riots in Northeast Delhi against him.
Judge Mukta Gupta, seeking a response from the authorities within four weeks and an affidavit within three weeks thereafter, listed the case for the next hearing on September 28.
In the petition, Hussein sought to overturn the UAPA provisions that had been invoked against him in the indictment filed in an alleged larger conspiracy behind the unrest in the Northeast, as well as to reverse the provision of sanction to prosecute such crimes.
Senior lawyer Mohit Mathur, who represented Hussein, argued in court that Articles 13 and 15 of the Human Rights Protection Act were applied against him, but “nothing is said about how his role becomes a terrorist act or illegal activity.”
“We challenged this in a legal action, because after I was taken into custody … there is nothing in the entire indictment. Simple blockages on the roads, congestion from the chakka, protests or disagreement … the expression of dissent is perceived as a terrorist act, and this is the essence of the petition, ”said Mathur.
Opposing the petition, lawyer Amit Mahajan, who represents the Center and the Police Commissioner, said that attention had already been drawn to the case. “This is the case when they are challenging the sanction on the merits. There are sentences that say that the invalidity of a sanction based on the non-use of reason should be (considered) at the stage of the trial, ”Mahajan said.
However, the court said that this would be in the case of a question of invalidity on the merits, but “if this is a matter of principle, then probably it may be entitled.” “Then he will have to show that the issue raised is at the heart of the issue… it’s the fundamental inapplicability of the provisions, that’s what his argument is,” Judge Gupta said.