Former Aam Aadmi Party (AAP) councillor Tahir Hussain has approached the Delhi High Court challenging his conviction and life imprisonment for the murder of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 Delhi riots.
A division bench of the High Court is likely to hear Hussain’s appeal next week.
Hussain Alleges Tainted Investigation
In his appeal, Hussain has alleged that the investigation against him was compromised from the beginning and was aimed at implicating him to satisfy public anger following the riots.
“The FIR is ante-dated and ante-timed, no material investigation was carried out until 06.03.2020, i.e. till after the Appellant was arrested in another case, witnesses have been planted, statements of genuine eyewitnesses manipulated and the actual perpetrators have not been brought to book,” the appeal states.
Ankit Sharma Murder Case
The FIR concerning Sharma’s death was registered on February 26, 2020, based on a complaint filed by his father, Ravinder Kumar.
Kumar had alleged that violence broke out during protests against the Citizenship Amendment Act (CAA) at Chand Bagh Pulia. He accused Hussain and his associates of pelting stones, using petrol bombs and firing from Hussain’s office.
Sharma went missing on February 25, 2020, and his body was later recovered from a nearby drain. His father subsequently suspected Hussain and his associates of involvement in his death.
Trial Court Convicted Hussain
On July 13, Karkardooma Court Additional Sessions Judge Parveen Singh convicted Hussain along with four others — Nazir, Asim, Javed and Anas.
They were convicted under several provisions of the Indian Penal Code, including Sections 302, 188, 153A, 147, 148, 149 and 365, relating to murder, disobedience of a public order, promoting enmity, rioting, unlawful assembly and kidnapping.
On July 31, the court sentenced all five to life imprisonment. The Delhi Police had sought the death penalty in the case.
Hussain Challenges Prosecution Evidence
In his appeal, Hussain has argued that although the trial court acquitted him of charges relating to criminal conspiracy, abetment and exhortation for public mischief, it convicted him with the aid of Section 149 IPC, primarily on the basis of his alleged membership of an unlawful assembly.
He has also challenged the prosecution’s reliance on five witnesses to establish his presence at the alleged unlawful assembly.
Hussain has specifically disputed the evidence of two brothers who appeared as prosecution witnesses. He has alleged that they were “planted” as chance witnesses and has pointed to contradictions in their accounts regarding their presence at the location.
The appeal has been filed through advocates Rajiv Mohan, Tara Narula, Sonal Sarda and Shivangi Sharma.
