Hussain Part Of Mob Attack On Ankit Court

A day after a Delhi court convicted former Aam Aadmi Party (AAP) councillor Tahir Hussain for the murder of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 Northeast Delhi riots, it held that the Hussain, along with an “armed” mob carried out a “savage” and “relentless” attack against Sharma. The court has set July 23 as the next date of hearing when arguments on the quantum of sentence will be heard.

In the 320-page detailed judgment, Additional Sessions Judge (ASJ) Parveen Singh of Karkardooma courts observed on Tuesday that, based on the testimonies of three crucial eye-witnesses, the prosecution had proved beyond reasonable doubt that Hussain was part of an “unlawful assembly which, with animus (ill-intention) against Hindus, had assembled at Chand Bagh Pulia with a common object to commit rioting, loot, arson and to cause damage to Hindus and their properties”.

“The members of this assembly, being heavily armed, had used violence and indulged in rioting, arson and loot. It is further established that the members of this assembly had surrounded and dragged Ankit Sharma towards Chand Bagh Pulia and had thereby abducted him where after in a savage and relentless assault upon his person, had murdered him,” said the judgment.

The court said that the fact that this mob, armed with weapons, dragged Sharma in its midst and then launched an attack with lathis, dandas and sharp weapons “reflects the intention to kill Ankit Sharma or at the very least cause injuries to him, sufficient to cause his death in ordinary course”.

It dismissed Hussain’s defence that he, himself, was a victim of the communal violence as his office had been attacked by an unidentified mob, with the court observing that the accused failed to lead any defence to explain his conduct.

The court, however, went on to dispose of Hussain’s role as an alleged instigator. It reasoned that, while the CCTV cameras around the area had either been damaged, had been covered, or turned away, “pointing towards a pre-planning” and, thus, the fact that a “conspiracy might have been afoot,” the prosecution had failed prove it.

“No evidence had been led by the state to prove when, where and how this conspiracy was formed and who all were the conspirators are therefore, there is no evidence against Tahir Hussain and for that matter, against any of the accused which can lead to their conviction u/s 120B (criminal conspiracy) IPC,” the judgment said.

The court also acquitted him of charges under section 109 (abetment) and 505 (making statements conducing to public mischief) of the Indian Penal Code (IPC).

On Monday, the court held Hussain and four others guilty in the murder of Sharma. Six others were acquitted of all charges in the case.

Reacting to the conviction, chief minister Rekha Gupta on Tuesday said the AAP should explain its “political association with” and “patronage of” a person found guilty of “instigating the Delhi riots, murder and widespread violence.”

Speaking at a press conference, she said, “Arvind Kejriwal, Sanjay Singh and Manish Sisodia must explain when the people of Delhi will receive answers on the entire episode.”

She said the verdict marked an important step towards justice for the families affected by the violence, adding, “those responsible for the riots should be punished in accordance with the law.”

Separately, in a post on X, BJP IT cell chief Amit Malviya described Hussain as a “close associate” of Kejriwal.

In response, on X, Kejriwal said, “We expelled him from AAP long long back. Didn’t he join one of the chanda chor party’s sister organization?”

Hussain, who was elected as an AAP councillor from northeast Delhi in 2017, had been suspended by the party following his arrest in connection with multiple cases arising from the 2020 riots.

Agreeing with a prosecution witness who described how the incident began, the judgment said the deceased came from the side of the “Hindu mob” and approached the “Muslim mob” with his hands raised. “The Muslim mob came forward. The deceased could not retract and was dragged in by the mob,” the court said.

Relying on another witness whose shop was situated near the incident spot, the court said that it stood established that on the evening of February 26, the accused mob which included Hussain and four others, took Sharma, following which he was ruthlessly assaulted “for around five to ten minutes” and by the time he collapsed on the ground, he had probably already died.

The judgment further said, “His body was then dragged to middle of Chand Bagh Pulia where an unsuccessful attempt was bade to push the body into the drain. The body was then taken across the pulia and from across the wall parallel to the drain, the body thrown into the drain.”

Arnabjit Sur is a Senior Correspondent with Hindustan Times' Legal Bureau. He covers Delhi's district courts. Previously, he has covered crime in the city.