Delhi High Court rejects bail plea of former AAP councillor Tahir Hussain in IB officer murder case

The court took note of “prima facie evidence on record” where “it is found that the accusations against the Applicant are extremely grave, indicating his pivotal role in the conspiracy and execution of the riots, which resulted in the murder of Ankit Sharma.”

The court also took note of his “conduct during trial of criminal cases arising out of North-East Delhi Riots” where, referring to a status report, it recorded that Hussain “allegedly attempted to influence a public witness through his son.”

Hussain, who has been in custody since March 16, 2020, moved the High Court in May of this year after a sessions court rejected his bail application in the case on March 12.

In his bail plea before the High Court, Hussain stated that among the 11 accused in the case, eight are already out on bail, including the two who allegedly committed the murder, while he has only been accused of being an instigator.

‘Not just alleged to be mob member, but main conspirator’

Justice Krishna, however, held that “parity applies only when the role of the accused is similar to that of the co-accused who has been granted bail” and in the present case, the allegations against Hussain are “far more serious and place him in a distinct category.”

“The Applicant is not just alleged to be a member of the mob, but the main conspirator who instigated, facilitated, and provided his own house as a base for the riots. The prosecution alleges that the Applicant’s house near Chand Bagh Pulia was allegedly identified as a key protest and riot site in the larger conspiracy. It was used as a ‘fort’ and an operational base to attack members of the Hindu community,” said Justice Krishna.

“The recovery of stones, petrol bombs, acid, and slingshots from his rooftop, and testimonies of witnesses seeing these items being pelted, directly correspond to the planned stockpiling and use of such items as part of the larger conspiracy….The conspiracy involved escalating the anti-CAA/NRC protests into chakka-jaams and violent riots, particularly during the state visit of the US President, to garner international attention,” Justice Krishna said.

The court said that the events leading to the murder of Ankit Sharma on February 25, 2020, at Chand Bagh Pulia “align precisely with the methods and objectives of this larger conspiracy”. “The planning to perpetrate violence is suggested by the fact that the Applicant (Hussain) had allegedly shifted his family from his house before the riots began, but stayed back himself”.

“Furthermore, he had his licensed pistol and 100 rounds of ammunition released from Police Station Khajuri Khas on 22.02.2020, just before the riots, and could not provide a satisfactory account for 14 live and 22 fired cartridges. This act, timed right before the outbreak of violence, points towards a premeditated plan,” the court recorded.

‘Prolonged incarceration can’t be the sole ground for granting bail’

As only 59 out of 114 witnesses were examined when Hussain moved the court for bail, he also submitted that the trial might take some time to conclude. However, Justice Krishna said “the trial is almost concluded and is at fag end” and thus “the alleged prolonged trial cannot be a ground for bail.”

The order records that 79 witnesses now stand examined.

“It need not be emphasised that while a speedy trial is the constitutional right of every accused, prolonged incarceration cannot be the sole ground for granting bail in a case of this magnitude, which involves allegations of orchestrating large-scale communal violence resulting in the brutal murder of an Intelligence Bureau officer,” said Justice Krishna.

“Long incarceration in itself ought not to lead to enlargement on bail when the facts prima facie show involvement in grave and serious offences. In cases involving large-scale communal riots, threatening the unity, integrity, and sovereignty of the country, the interest of national security and public order must be balanced against individual rights”.

Hussain also submitted that the trial court, when refusing to grant bail in this case in March, failed to appreciate the material change in circumstances, even though he was out on bail in nine out of the 12 cases against him related to the 2020 riots, and one FIR had been quashed.

Hussain is also booked under the stringent Unlawful Activities (Prevention) Act in the larger conspiracy case of the 2020 riots, as well as a money laundering case by the Enforcement Directorate.

AAP suspended Hussain after he was named as an accused in the case. Hussain has spent nearly five years in jail.