The Delhi High Court has sought the response of the Delhi Police on an appeal filed by former Aam Aadmi Party councillor Mohd Tahir Hussain challenging his conviction and life sentence in the murder case of Intelligence Bureau officer Ankit Sharma during the 2020 North-East Delhi riots.
A Division Bench comprising Justice Prathiba M Singh and Justice Vikas Mahajan issued notice to the State after hearing Hussain’s challenge to the judgment of the trial court. The Delhi Police accepted notice through its counsel.
The matter has now been listed for December 2, when it will be heard along with appeals filed by other convicts in the case. The High Court has also called for the nominal roll pertaining to Hussain.
Sharma, an Intelligence Bureau staffer, went missing on February 25, 2020, amid the communal violence that had engulfed parts of North-East Delhi. His body was subsequently recovered from a drain in the Chand Bagh area on February 26.
The prosecution case before the trial court was that Sharma was intercepted by a mob while returning home and was assaulted with weapons before being thrown into the drain. Hussain was alleged to have played a role in the conspiracy and instigation of the violence in the Chand Bagh locality, with the prosecution further alleging that the mob operated from the vicinity of his residence.
The Karkardooma court eventually convicted Hussain of murder and other offences and imposed a sentence of life imprisonment. The trial court, however, declined the prosecution’s request for capital punishment, holding that the evidence did not establish that the convicts were beyond the possibility of rehabilitation or reformation.
Hussain has challenged the findings before the High Court, contending that the conviction is legally unsustainable.
During the hearing, Hussain’s counsel, Advocate Rajiv Mohan, submitted that the former councillor had been convicted for only one substantive offence, while his convictions in respect of the remaining offences were founded on allegations of aiding and abetting.
The defence further argued that the trial court had incorrectly appreciated certain evidence, including the testimony of a prosecution witness that was relied upon while reaching the finding of guilt.
The appeal comes amid a broader challenge to the trial court verdict in the case. Earlier, two other convicts, Nazim and Kasim, approached the High Court against their convictions and life sentences. The High Court had issued notice on their appeals and their applications seeking suspension of sentence.
The prosecution has also indicated that it intends to challenge the acquittal of six other accused persons in the case.
The High Court has not expressed any opinion on the merits of Hussain’s appeal at the present stage. The proceedings will now involve consideration of the trial court’s findings, the evidentiary material relied upon for the conviction and the grounds raised by the appellant.
The case has been listed for further hearing on December 2 along with the connected appeals.
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