Tahir Hussain Challenges Conviction
In a significant legal move, former Aam Aadmi Party (AAP) councillor Tahir Hussain has filed an appeal with the Delhi High Court, contesting his conviction and life sentence for the murder of Intelligence Bureau (IB) officer Ankit Sharma. This crime occurred during the infamous Delhi Riots of 2020.
The division bench of the Delhi High Court is set to hear Hussain’s appeal in the upcoming week. Hussain’s defense argues that the investigation was prejudiced from the outset, aiming to appease public outrage by implicating him unjustly. The appeal further claims procedural irregularities, asserting that the First Information Report (FIR) was both ante-dated and ante-timed, and that the investigation did not commence in earnest until March 6, 2020, coinciding with Hussain’s arrest in an unrelated case.
Background of the Case
The FIR related to the tragic death of Ankit Sharma was filed on February 26, 2020, by his father, Ravinder Kumar. Kumar alleged that violence erupted during protests against the Citizenship Amendment Act (CAA) at Chand Bagh Pulia. He accused Hussain and his associates of instigating violence by throwing stones, launching petrol bombs, and shooting from Hussain’s office. Following Ankit Sharma’s disappearance on February 25, his body was discovered in a nearby drain, leading Ravinder Kumar to suspect Hussain’s involvement.
Court’s Verdict
On July 13, Additional Sessions Judge Parveen Singh of the Karkardooma Court found Hussain and four others—Nazir, Asim, Javed, and Anas—guilty of serious offenses under the Indian Penal Code (IPC). The charges included Section 302 (murder), Section 188 (disobedience to an order promulgated by a public servant), Section 153A (promoting enmity between groups), Section 147 (rioting), Section 148 (rioting armed with a deadly weapon), Section 149 (unlawful assembly), and Section 365 (kidnapping or abducting with intent to secretly and wrongfully confine a person). On July 31, the court sentenced the accused to life imprisonment, despite the prosecution’s push for the death penalty.
Arguments in the Appeal
Hussain’s appeal, prepared by advocates Rajiv Mohan, Tara Narula, Sonal Sarda, and Shivangi Sharma, contends that the trial court erred in its judgment. It acquitted him of charges related to criminal conspiracy, abetment, and exhortation for public mischief but convicted him under Section 149 IPC, based on alleged association with an unlawful assembly. The appeal also highlights that Ravinder Kumar, who initiated the complaint, later retracted his allegations against Hussain.
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Moreover, the appeal questions the credibility of the prosecution’s five witnesses, arguing that two of the witnesses, allegedly brothers, were fabricated as chance witnesses. Hussain’s defense team points out inconsistencies in their testimonies regarding their presence at the scene of the crime.
