Dissent is being taken as a terrorist act: Tahir Hussain on UAPA charges

New Delhi: Former AamAadmi Party (AAP) councillor Tahir Hussain filed a petition at the Delhi High Court challenging the provisions of the Unlawful Activities (Prevention) Act. He was charged with the same in connection with the Northeast Delhi riots.

The High Court issued a notice to the Centre, Delhi government, and Delhi police.

Hussain said that dissent or expression of dissent is being taken as a terrorist act. Senior advocate Mohit Mathur, representing Hussain, said that the crux of the petition is that mere road blockages or chakka jams used in a protest are being considered terrorist acts. He added that after Hussain was taken into custody, there has been no other development, reported The Indian Express.

Hussain has asked to set aside the provisions of UAPA invoked against him in the charge sheet filed. The police have charged him alleging a larger conspiracy behind the riots. Advocate Mathur argued that Section 13 and 15 of UAPA have been invoked against him but "nothing has been said how his role becomes a terrorist act or an unlawful activity"

Advocate Amit Mahajan, representing the Centre and Commissioner of Police, argued that the case challenges the sanction of merits. "There are judgments which say the invalidity of sanction on the ground of non-application of mind should be (dealt with) at the stage of the trial."

Justice Gupta said that Hussain may have the right if it is a fundamental issue. He will have to show the issue raised goes to the root of the matter.

Justice Mukta Gupta sought a response from authorities within four weeks. The court also asked for a rejoinder affidavit three weeks thereafter. The judge has listed the next hearing on September 28.