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The Court observed that Tahir was continuously acting in a manner of “supervising” and “motivating” this mob and all these things were done to “Target Hindus”.
A Delhi Court on Thursday framed murder charges against former Aam Aadmi Party (AAP) Councilor Tahir Hussain and ten others for 'killing an Intelligence Bureau (IB) officer namely, Ankit Sharma' during the northeast Delhi Riots 2020.
As per the evidence, Additional Sessions Judge (ASJ) Pulastya Pramachala of Karkardooma Court stated, that Tahir Hussain played the role of “an instigator to kill Hindus” and “exhorted the mob” to “not spare Hindus”.
“He instigated the mob when Ankit came forward towards this mob. The conspiracy need not be specific 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 court said.
The ASJ framed charges against Hussain and ten others namely, Haseen @ Mullaji@ Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam@Bobby, and Muntajim@ Musa.
All the accused persons have been charged under Sections 147 (Rioting), 148 (Rioting, armed with a deadly weapon), 153A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence), 302 (Murder) read with 120B (Criminal Conspiracy) of the Indian Penal Code (IPC).
Hussain has also been charged under Sections 109 (Abetment), 114 (Abettor present when offence is committed), and 505 (Statements conducing to public mischief) of IPC.
The court in its 39-page order stated that Tahir was continuously acting in a manner of “supervising” and “motivating” this mob, all these things were done to “target Hindus” and 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 the meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus. Thus, a criminal conspiracy to indulge in riot and to kill Hindus and harm properties of Hindus is well reflected from the evidence on the record”, the court observed.
On February 26, 2020, an FIR was registered by Ankit Sharma’s father, Ravinder Kumar at Dayalpur Police Station. He alleged that on February 25, 2020, his son who was posted in IB had come back from the office and gone out, and didn’t return after a long time.
He further alleged that the demonstration had been going on by anti-CAA and pro-CAA protesters for 2-3 days at Chand Bagh Pulia, Main Karawal Nagar Road in which incidents of stone pelting, brick batting, arson, firing, etc., took place. He claimed that Hussain, the then Municipal Councilor, kept a large group of thugs in his office, which was located on Main Karawal Nagar Road close to Chand Bagh Pulia and the mob had pelted stones, petrol bombs, and shots from the rooftop of his building/ office and he had created an atmosphere of “fear among the public”.
The complainant father came to know from local boys that his son Ankit Sharma had been “thrown” into Khajuri Khas “Nala” (Drain) from the Masjid in Chand Bagh pulia after “he was killed”. His body was recovered from the “Nala (Drain)”.
Ravinder, in his complaint also raised strong suspicion that his son Ankit Sharma had been killed by Tahir Hussain and his goons, who had gathered in his office, and after killing his son, his body was thrown into the nala from the masjid.
Case Title: State v. Mohd. Tahir Hussain etc.
Statue: The Indian Penal Code
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