Delhi riots: Ex-AAP councillor Tahir Hussain gets life term in IB official Ankit Sharma murder case

The order was pronounced by additional sessions judge Parveen Singh of the Karkardooma courts.

A Delhi court has awarded life imprisonment to former Aam Aadmi Party (AAP) councillor Tahir Hussain and four others in connection with the murder of Intelligence Bureau (IB) official Ankit Sharma during the Northeast Delhi riots in 2020.

The order was pronounced by additional sessions judge Parveen Singh of the Karkardooma courts.

The court orally observed that while the crime was brutal, with a murderous mob baying for blood killing the victim, the prosecution had not been able to bring on record that the convicts were beyond reform and that their time in prison would pose a menace to society.

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The Delhi Police had last week sought capital punishment for Hussain and four others convicted in the murder of IB official Sharma during the 2020 Northeast Delhi riots, describing the killing as “exceptionally brutal”, “cold-blooded” and falling within the “rarest of the rare” category.

"Relentlessly assaulted in a hapless manner"

“Ankit Sharma was abducted and relentlessly assaulted in a hapless manner. A total of 51 injuries were made upon the victim and 18 of them were through sharp-edged weapons. It is not a case where somebody was stabbed once or thrice,” Special Public Prosecutor Madhukar Pandey argued, noting that the accused continued assaulting Sharma even after his death.

The prosecutor added, “The accused were not human beings, they were animals. They did not have respect for the dead and should therefore be kept behind bars and given the death sentence.”

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“The nature of weapons used by the accused shows the intent and the diabolical nature of the crime. It was a cold-blooded murder with a deliberate desire. No one carries a heavy cutting weapon without deliberation, akin to a butcher,” the prosecutor submitted.

A Delhi court on July 13 convicted Hussain and four others for Sharma’s murder, holding that Hussain, along with an “armed” mob, had carried out a “savage” and “relentless” attack.

The court held that the prosecution had proved beyond reasonable doubt that Hussain was part of an “unlawful assembly which, with animus against Hindus, had assembled at Chand Bagh Pulia with a common object to commit rioting, loot, arson and to cause damage to Hindus and their properties.”

Buttressing its submission for the death sentence, the prosecution said the offence fell within the “rarest of the rare” cases, calling it “one of the gravest cases of extreme culpability.” The prosecutor argued that the atrocity and the conduct of the accused were indefensible, and any punishment less than death would be inadequate.

“Those who seek mercy should also show mercy. No evidence has been brought on record to show that any mercy was shown by anyone to carry the victim to a hospital. Hussain abdicated his responsibility of public service as a councillor,” the prosecution submitted.

Hussain, represented by advocate Rajiv Mohan, argued that his case did not fall in the category of heinous depravity that did not merit reform. “No person has directly attributed me during the trial, and the court has found no evidence of any criminal conspiracy behind the incident. Injuries are not the criteria to decide the death sentence,” Hussain argued.

In its judgment, the court held Hussain and four others guilty of murder while acquitting six others of all charges. The court had acquitted all persons of charges of criminal conspiracy.

According to the prosecution, Sharma was killed in the vicinity of his home in Khajuri Khas on February 25, 2020, after he ran into clashes between two groups in the Chand Bagh Pulia area. As he attempted to pacify both sides, he was allegedly kidnapped, assaulted, and stabbed multiple times by a mob of 20-25 people. His body was recovered the next day from a drain in the area.

Arnabjit Sur is a Senior Correspondent with Hindustan Times' Legal Bureau. He covers Delhi's district courts. Previously, he has covered crime in the city.