Delhi High Court Denies Former AAP Councillor Tahir Hussain Bail in IB Officer Ankit Sharma Murder Case

The Delhi High Court has found Tahir Hussain to be a "key figure" in the events related to the Delhi riots case. (File)

New Delhi:

The Delhi High Court has denied bail to former AAP councillor Tahir Hussain in connection with the murder of IB staffer Ankit Sharma during the February 2020 riots, emphasizing the "extremely grave" nature of allegations against him.

Justice Neena Krishna Bansal described the incident not merely as an "ancillary crime" but as a "gruesome manifestation" of a larger conspiracy.

"Dragging of Ankit Sharma by an enraged mob, his brutal murder with 51 injuries, and the subsequent disposal of his body in a drain, defines the gravity of the offence," the court stated.

The verdict determined that Hussain was not simply a "passive participant" but appeared to be a "key figure" in the events.

The court emphasized, "Viewing this incident as an off-shoot of the larger conspiracy is essential to appreciate its full gravity and the prima facie role of the applicant (Hussain) within it."

On February 26, 2020, complainant Ravinder Kumar reported to Dayalpur police station officials that his son Ankit Sharma, an Intelligence Bureau (IB) officer, had been missing since February 25, 2020.

Kumar later learned from locals that a body had been dumped in the Khajuri Khas nala from the Chand Bagh pulia mosque after being murdered.

According to the prosecution, Sharma's body was recovered from Khajuri Khas nala with 51 injuries.

This was Hussain's fifth bail application in the case, and he has remained in judicial custody since March 16, 2020.

Four additional accused were also identified as part of the violent mob involved in the acts of rioting and arson that resulted in Sharma's death.

The court noted that the conspiracy involved escalating anti-CAA/NRC protests into chakka-jams and violent riots, particularly during the US President's state visit, to attract international attention.

The events leading to Sharma's murder on February 25, 2020, at Chand Bagh Pulia aligned precisely with the methods and objectives of this larger conspiracy.

The high court stated that a primary objective of the broader conspiracy was to incite widespread communal violence by propagating misleading narratives against the CAA/NRC.

The court observed that Hussain had strategically relocated his family ahead of time, and his house, identified as a key protest and riot site in the larger conspiracy, was used as a "fort" and operational base to attack members of the Hindu community.

"The recovery of stones, petrol bombs, acid and slingshots from his rooftop and testimonies of witnesses seeing these items being pelted, directly correspond to the planned stockpiling and use of such items as part of the larger conspiracy," the court stated.

The court emphasized that Sharma's murder cannot be viewed as an isolated incident or spontaneous act of violence, but rather as a direct and foreseeable consequence of the larger criminal conspiracy to organize communal riots in Delhi.

The order described it as a premeditated and well-orchestrated conspiracy, allegedly masterminded by Hussain among several accused persons.

The court rejected Hussain's argument for bail based on prolonged trial, noting that the trial has nearly concluded and is in its final stages.

"Long incarceration in itself ought not to lead to enlargement on bail when the facts prima facie show involvement in grave and serious offences. In cases involving large-scale communal riots, threatening the unity, integrity, and sovereignty of the country, the interest of national security and public order must be balanced against individual rights," the court stated.

The court also considered Hussain's conduct in trials of other cases arising from the northeast Delhi riots, referencing an alleged attempt to influence a prosecution witness through his son.

Communal clashes erupted in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters escalated out of control, resulting in at least 53 deaths and numerous injuries.