Court dismisses Tahir Hussain's plea to surrender, police arrests him

Absconding AAP councillor Tahir Hussain was arrested by Delhi Police on Thursday after a court here dismissed his plea seeking to surrender before it in connection with alleged killing of Intelligence Bureau (IB) official Ankit Sharma during the recent violence in northeast Delhi.

Additional Chief Metropolitan Magistrate Vishal Pahuja refused to entertain Hussain's plea saying that the relief sought by him was outside the court's jurisdiction.

The court said that as per the provisions of 177 Criminal Procedure Code (Ordinary place of inquiry and trial), the offence shall ordinarily be inquired into and tried by court within whose local jurisdiction it is committed.

"In the instant case, the offence has been committed within the jurisdiction of PS Dayalpur which falls within the jurisdiction of Karkardooma Court. The reason given in the application for moving this application does not justify the conduct of the applicant to choose this forum for seeking the reliefs," the judge said.

Advocate Mukesh Kalia, appearing for Hussain, submitted that there is a grave apprehension of threat to his life and therefore he has not surrendered before competent court as there is "charged environment" in Karkardooma District court.

He said Hussain has no connection or involvement in the FIR registered by the police and he is being falsely implicated.

Considering the gravity of the situation, Hussain wishes to surrender before the court, he said.

The court said the Delhi High Court has specifically made a division of the jurisdictions, be that of the police stations or the courts district-wise and work has been allocated accordingly.

It said: "This court is a special designated court dealing with the matters of MPs/MLAs. The high court has designated this court as special court to deal with cases on fast track with endeavour to dispose of the same within one year as its objective.

"The applicant does not fall in the aforesaid category, hence this application cannot be even entertained by this court."