Tahir Hussain, nine more to stand trial for IB man’s killing
nNEWDELHI:A Delhi court on Friday summoned former Aam Aadmi Party (AAP) councillor Tahir Hussain and nine others as accused in the murder of Intelligence Bureau officer Ankit Sharma, who was killed on February 25 during the Delhi riots.
Chief Metropolitan Magistrate Purshottam Pathak took cognisance of the police charge sheet in the case and directed the accused to appear before him through video conferencing on August 28.
The court said prima facie it shows that Hussain had provoked and instigated people to promote enmity between Hindus and Muslims, by claiming that Hindu people had killed a number of Muslims and that they should not let them go scot-free.
“On his provocation/ instigation, the Muslims turned violent on February 24 and February 25 and started burning shops and pelting stones and petrol bombs houses belonging to Hindus situated in that locality.…the uncontrolled mob turned into rioters and in process of rioting caught hold of Ankit Sharma and dragged him to Chand Bagh Pulia and attacked him using sharp and blunt objects/ weapons in a brutal manner and threw his body in the drain,” the judge said.
The judge said that the “circumstances indicated that the riot took place in a planned manner resulted from a well hatched conspiracy and it was abetted by the leader of the mob, accused Tahir Hussain.”
The judge said Hussain appeared to have facilitated the rooptop of his house and provided logistical support to the rioters. The court also said Hussain appeared to lead the mob and that there is sufficient evidence to take cognisance against Hussain and others.
Police charged Hussain and others on June 3 under sections of murder, rioting, robbery among other sections.
But the court did not take cognisance under sections 505 (intent to incite, or which is likely to incite, any class or community of persons to commit any offence against any other class or community), and 153 A (promoting enmity between different groups on grounds of religion, race etc) because of lack of sanction from the competent authority.
“Even though cognisance has been taken and the case has been committed to sessions court for trial, it does not mean that offence is committed by the accused. It shows that the evidence given in the chargesheet is sufficient to start the trial. Moreover, the prosecution has to prove its case beyond reasonable doubt during the trial,” said advocate Javed Ali, who is represnting Hussain in the case. Hussain has denied all charges.
Pathak also took cognisance of another charge sheet filed in the murder case of one Hashim Ali against nine persons. The judge said that the accused persons had lost their individuality and started working with the mob minds. Police had said the accused created a Whatsapp group — Kattar Hindut Ekta — to mobilise rioters.
SHOW PROOF THAT PINJRA TOD’S KALITA INSTIGATED MOB: HC
The Delhi high court on Friday, while reserving its order on the bail plea of Pinjra Tod member Devangana Kalita, in connection with the communal violence in north-east Delhi in February, asked Delhi Police why they did not have any video of Kalita making instigating speeches. Justice Suresh Kait said that if Kalita had been “creating a nuisance since 2019”, the police should have collected some evidence against her.
“Do you have anything to show that the speeches she made were troublesome? Don’t you think that you should have recorded or kept some evidence since she has been allegedly making a nuisance since 2019,” the court asked the police.