On July 12, the Delhi High Court granted bail to former AAP councillor Tahir Hussain in five cases registered against him concerning the anti-Hindu Delhi Riots 2020. However, he would remain in judicial custody in other cases pending against him, including the Unlawful Activities (Prevention) Act (UAPA) case against him, alleging a larger conspiracy to commit riots.
Tahir Hussain’s Conspiracy to Kill Hindus
On March 23, a Delhi Court framed charges against former Tahir Hussain and ten others in the Intelligence Bureau staffer Ankit Sharma Murder Case who was killed during Delhi Riots 2020.
Additional Sessions Judge Pulastya Pramachala framed charges against Tahir Hussain and ten others u/s 147, 148, 153A, 302, 365, 120B, 149, 153-A and 188 of the Indian Penal Code, 1860 (IPC). The trial court has also charged Tahir Hussain u/s 109, 114 and 505 of the IPC. Apart from Tahir Hussain, the others accused in the case are Haseen alias Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoib Alam and Muntajim alias Musa.
The complainant, the deceased’s father, lodged a missing person’s report at Dayalpur Police Station after waiting overnight for his son’s return. The complainant learned about a boy thrown into the Khajuri Khas Nala from the Masjid of Chand Bagh Pulia after being killed. The deceased’s body was recovered from the Khajuri Khas Nala near the Masjid of Chand Bagh Pulia. He was taken to GTB Hospital, where he was declared brought dead.
Furthermore, the complaint stated that the deceased had sustained sharp injuries on his head, face, chest, back and waist. His face and other parts of his body had been burnt by acid to conceal his identity. In his complaint, the complainant also raised strong suspicion that his son Ankit Sharma had been killed by Tahir Hussain and others, who had gathered in his office and after killing his son, his body was thrown into the nala from the masjid.
The trial court noted that the investigation revealed that “the building of Tahir Hussain had been used by the rioters/miscreants/accused persons for brick batting, stone pelting, pelting of petrol bombs and acid bombs. It is a four-storeyed building including the basement. All the rioting materials like of stones, bricks, catapult, glass bottles containing petrol with bottle neck stuffed with pieces of cloth and other material lying on the third as well as on the terrace of the building and also on the road along with damaged/burnt articles lying in front of Tahir Hussain’s house, were seized in FIR No.101/2020, PS Khajuri Khas by another team of SIT, Crime Branch.”
The trial court noted that the “witnesses stated that Tahir Hussain was provoking and instigating the mob against the Hindus/kafirs to kill them.” Furthermore, the trial court said, “From the statements of above-mentioned witnesses, presence of all named accused in the mob is well reflected. It is also well apparent that this mob continuously indulged into firing of gunshots, pelting of stones and petrol bombs towards Hindus and houses of Hindus.”
The trial court observed, “these acts of the mob make it clear that their objective was to harm Hindus in their body and property to maximum possible extent. It is also clearly shown that this mob consciously wanted to even kill Hindus. It cannot be said that being member of this mob, accused persons were oblivious of such objective of this mob.”
“The facts and evidence of this case also show that a number of persons had assembled at and around the house of Tahir Hussain. Some of them were equipped with firing weapons. Petrol bombs were also arranged, by accumulating the required materials in the house of Tahir Hussain. Bottles of Montain Dew were being filled with petrol near house of Tahir Hussain and was being taken inside his house, in his presence. Tahir was continuously acting in a manner of supervising and motivating this mob,” the trial court added.
The trial court said, “All these things were done to target Hindus. Every member of the mob assembled there participated in achieving the objective of targeting Hindus. Such conducts of the members of this mob, show that they were acting out of meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus. Thus, a criminal conspiracy to indulge into riot and to kill Hindus and harm properties of Hindus, is well reflected from the evidence on the record.”
Furthermore, the trial court observed that “Tahir Hussain also played role of instigator to kill Hindus and exhorting this mob as to not to spare Hindus. He instigated the mob, when Ankit came forward towards this mob. The conspiracy need not be specifically to kill Ankit. When the accused persons were acting in pursuance to conspiracy and common object to kill Hindus, it covered killing of Ankit as well for the reasons that Ankit was killed because he was Hindu.”
The trial court added, “all accused indulged into targeting Hindus and their such acts were apparently prejudicial to the harmony between communities of Muslims and Hindus. They did disturb the public tranquillity as well.”
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