Tahir Hussain and four others get life terms for IB staffer's murder

Tahir Hussain and four others get life terms for IB staffer's murder

A Delhi court has sentenced former Aam Aadmi Party (AAP) councillor Tahir Hussain and four other men to life imprisonment for the murder of Intelligence Bureau (IB) staffer Ankit Sharma. The killing occurred during the communal violence that swept through northeast Delhi in February 2020.

Additional Sessions Judge Praveen Singh of the Karkardooma Court sentenced Hussain, along with Nazim, Qasim, Javed and Anas, after they were convicted earlier this month. The convicts were found guilty of murder, criminal conspiracy and other offences. On July 13, Hussain had been specifically convicted of kidnapping or abducting with intent to secretly and wrongfully confine a person, rioting armed with a deadly weapon, promoting enmity between groups, unlawful assembly, disobedience to an order promulgated by a public servant, and rioting.

The court described the killing of Sharma, who was 26 and working as a security assistant with the IB, as being of utmost brutality and stated the crime was committed solely on the ground of religion. The judge further characterized the barbarity of the incident as nauseating and sickening.

According to the prosecution, Sharma was attempting to pacify two groups near the residence of Hussain at approximately 5 pm on February 25, 2020, when he was surrounded by a mob. He was attacked with stones, rods, sticks and knives. His body was recovered the following day with at least 51 knife wounds.

The court noted that the savagery continued after the murder, as Sharma's body was dragged into a nearby drain. The judge observed that the circumstances surrounding the death had deeply disturbed society and that the body was dragged as if the hatred was still not satiated.

Despite these findings, the court rejected a request from the Delhi Police for the death penalty. Police counsel had argued the case was cold-blooded and qualified as one of the rarest of rare offences, stating those who want mercy should also show mercy.

In declining capital punishment, the court stated it is a last resort and noted the prosecution failed to provide material showing the convicts posed an irreversible threat to society or had a continuing propensity toward violence. The court also cited the absence of previous criminal records and noted that the convicts' conduct in custody had been entirely satisfactory, aside from minor infractions. Judge Singh concluded that the convicts were not beyond reformation and could be disciplined and made to follow rules.

Hussain has rejected the allegations and described the legal proceedings as a fixed match. He stated that justice would be found in the High Court and announced his intention to challenge the verdict.

Defence lawyer Tara Narula told reporters the defence believes Hussain did not directly participate in the killing and that the court agreed it was a case of vicarious liability. Narula added that none of the five accused had used a knife. Lawyer Abdul Gaffar Khan also confirmed an appeal would be filed for the clients he represents.

The verdict drew reactions from several Delhi officials. Delhi Law Minister Kapil Mishra welcomed the life sentence but expressed hope that the High Court would enhance the punishment to death, maintaining the case was Rarest of Rare. Delhi minister Parvesh Sahib Singh called the ruling a victory for the rule of law.

Delhi Chief Minister Rekha Gupta also welcomed the decision, stating it reinforced faith in the judiciary. However, Gupta used the occasion to criticize the AAP leadership for its alleged support of Hussain following his arrest, calling on former Delhi Chief Minister Arvind Kejriwal and former deputy chief minister Manish Sisodia to explain their positions during the riot investigations.

The February 2020 violence in northeast Delhi, sparked by disagreements over the Citizenship Amendment Act, left between 50 and 53 people dead and hundreds injured.