High Court admits Hussain's appeal

The Delhi High Court on Wednesday issued notice to the Delhi Police on an appeal moved by former AAP councillor Tahir Hussain, challenging his conviction and life sentence in the murder of Intelligence Bureau (IB) officer Ankit Sharma during the February 2020 northeast Delhi riots.

A division bench of Justices Prathiba M Singh and Vikas Mahajan admitted the appeal and listed it for hearing on December 2, along with other connected appeals. The bench also directed jail authorities to place on record the nominal roll of the convict and called for trial court records in the case.

Special Public Prosecutor Rajat Nair and advocate Dhruv Pande represented the Delhi Police in the hearing. Advocate Rajiv Mohan and Tara Narula appeared for Hussain. The court said it would hear Hussain's appeal separately after finishing the hearing of the appeals together, and that it would assess the role of each appellant.

Background: The murder and trial

Sharma was killed in the Dayal Pur area during the northeast Delhi riots in February 2020. His body was recovered from a drain in the Khajuri Khas area. According to the prosecution, on February 26, 2020, Sharma's father, Ravinder Kumar, informed officials at the Dayalpur police station that his son, who was posted with the IB, had been missing since February 25. Kumar later learnt from local residents that a person's body had been dumped in the Khajuri Khas drain after being murdered.

The prosecution alleged that Sharma's body had 51 injuries, seven of which were sufficient to cause death. The prosecution described the killing as a deliberate cold-blooded murder, allegedly committed with a heavy cutting weapon.

A Karkardooma court on July 13 convicted Hussain and four co-accused — Nazim, Kasim, Javed and Anas — in the case. The trial court said Hussain and an armed mob carried out a "savage" and "relentless" attack on Sharma. It acquitted six other accused.

On July 31, the trial court sentenced Hussain and the four co-convicts to life imprisonment, ruling that while the crime was "horrendous" and "sickening", the prosecution had failed to prove that the convicts were beyond the possibility of reform. The court rejected the Delhi Police's plea for capital punishment, observing that although the murder fell within the "rarest of the rare" category on account of its brutality, the prosecution had not established that the convicts' continued existence in prison would pose a menace to society.

The court also imposed a fine of Rs 5 lakh on Hussain and Rs 25,000 each on the other four convicts. They were additionally sentenced to seven years' imprisonment for the offence of kidnapping, and another sentence for rioting.

Hussain was convicted under Sections 302 (murder), 365 (kidnapping or abducting with intent to secretly and wrongfully confine a person), 147 (rioting), 148 (rioting armed with a deadly weapon), 153A (promoting enmity) and 188 (disobedience to an order duly promulgated by a public servant) of the Indian Penal Code, read with Section 149 (unlawful assembly).

Hussain's appeal

In his appeal challenging the trial court's July 13 and July 31 orders, Hussain, through advocate Rajiv Mohan, argued that the investigation was tainted from the outset and was aimed at implicating him to assuage public anger. The petition asserted that the first information report in the case was ante-dated, ante-timed, and based on a fabricated complaint. It added that no meaningful investigation was conducted until March 2020, when Hussain was arrested in another case.

The appeal alleged that witnesses were planted, statements of genuine eyewitnesses were manipulated, and the actual perpetrators were not brought to book. It added that the verdict convicting him is unsustainable in law, based on surmises and conjectures, unsupported by evidence.

The appeal also stated that the trial court acquitted Hussain under Section 120B IPC (criminal conspiracy), Section 505 IPC (exhortations for public mischief) and Sections 109/114 IPC (abetment and instigation) on account of the prosecution's failure to prove these charges beyond reasonable doubt. However, the trial court found him guilty on account of vicarious liability only, by the aid of Section 149 IPC, due to his alleged membership of an unlawful assembly that had committed offences in pursuance of a common object, particularly the killing of Sharma.

The appeal contended that the trial court relied on five witnesses — Pradeep Verma, Deepak Pradhan, Akash, Bharat and Priyanka Gaur — to convict Hussain under those sections. It argued that the trial court erroneously disregarded the statement of witness Vikalp Kochar, who categorically stated that he had not seen Hussain in the unlawful assembly, despite deposing in great detail about the killing of Sharma. The appeal also noted that Deepak Pradhan and Priyanka Gaur were not witnesses to the killing itself, with Pradhan having been confined within the premises of a temple located away from the place of incident, and Gaur having stayed within the lane where her house was located.

Context: The 2020 riots

Communal clashes broke out in northeast Delhi on February 24, 2020, after violence between supporters and opponents of the Citizenship (Amendment) Act spiralled, leaving at least 53 people dead and scores injured. The riots provided the backdrop to Sharma's murder and the subsequent trial.