Delhi riots: Court frames charges against former AAP MLA Tahir Hussain

In February 2020, police had registered an FIR based on the complaint of Intelligence Bureau officer Ankit Sharma’s father, who said his son went missing on February 25.

A Delhi court on Thursday framed charges against Aam Aadmi Party (AAP) councillor Mohd. Tahir Hussain and 10 other people for the murder of an Intelligence Bureau officer Ankit Sharma, whose body was found in a drain during the northeast Delhi riots in February 2020.

Tahir Hussain. (PTI)

Additional sessions judge (ASJ) Pulastya Pramachala held all 11 accused to be “liable to be tried for offence punishable u/s 120B IPC r/with Sections 147, 148, 153A, 302 of Indian Penal Code (IPC).” He added that “They are also liable to be tried for offences punishable u/s 147, 148, 302, 365 IPC r/with 120B and 149 IPC; and 188 IPC.”

In February 2020, police had registered an FIR based on the complaint of Sharma’s father, who said his son went missing on February 25 and he filed a missing person complaint the next day. Later, he found out his son’s body had been discovered in a drain near Chand Bagh Pulia. He told police he suspected that his son had been killed by Hussain and his “goons who had gathered at Hussain’s office”.

After going through statements of the witnesses, the court observed that, “It is also well apparent that this mob continuously indulged into firing of gunshots, pelting of stones and petrol bombs towards Hindus and houses of Hindus. These acts of the mob make it clear that their objective was to harm Hindus in their body and property to maximum possible extent. It is also clearly shown that this mob consciously wanted to even kill Hindus.”

The court also noted that facts and evidence showed that several persons had assembled around the house of Tahir Hussain and some of them were equipped with firing weapons and petrol bombs are also arranged. Court also observed that Tahir Hussain was continuously acting in a manner of supervising and motivating the mob.

An argument was raised by Tahir Hussain that it was an ongoing riot and conspiracy so he could only be said to have joined the conspiracy and was not the conspirator for killing Ankit Sharma, who was killed by a small mob of 20 persons for which no liability can be fastened upon alleged member of bigger mob

The court responded to the argument noting that, “it was not necessary for all members of that mob to play some overt act in killing of Ankit Sharma. As per evidence, the mob was acting in well prepared manner to attack Hindus and their properties, which signifies existence of prior meeting of their mind. Tahir Hussain also played role of instigator to kill Hindus and exhorting this mob as to not to spare Hindus. He instigated the mob, when Ankit came forward towards this mob. The conspiracy need not be specifically to kill Ankit. When the accused persons were acting in pursuance to conspiracy and common object to kill Hindus, it covered killing of Ankit as well for the reasons that Ankit was killed because he was Hindu.”

Delhi Karkardooma Court thus after going through all the evidence and statements held the accused persons, Mohd. Tahir Hussain, Haseen, Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim, liable for offences punishable under sections 120B(Criminal Conspiracy), 147(Rioting), 148(Rioting armed with deadly weapon), 149(Every member of unlawful assembly guilty of offence committed in prosecution of common object), 153A(Promoting enmity between different groups on ground of religion, race, etc), 302(Murder) and 365(Kidnapping). Court further held Tahir Hussain liable under Sections 109(Abetment), 114(Abettor present when offence is committed) and 505(Statements conducing to public mischief)