A Delhi court Monday denied bail to suspended AAP councillor Tahir Hussain, accused in the murder of IB staffer Ankit Sharma during the northeast Delhi riots, observing, “he did not use his hands and fists, but rioters as “human weapons”, who on his instigation could have killed anybody.”
The bail order was dismissed by Additional Sessions Judge Vinod Yadav who said the possibility of the witnesses being threatened by Hussain, if he was released on bail, cannot be ruled out. “Therefore, at this stage, I find that there is enough material on record to presume that the applicant was very well present at the spot of crime and was exhorting the rioters of a particular community and as such, he did not use his hands and fists, but rioters as “human weapons”, who on his instigation could have killed anybody,” the order read.
The court said the investigation in the matter is still under progress as some other persons have to be apprehended, statement of two more persons have been recorded by Crime Branch on July 7, ”who both have stated about the conspiracy of communal riots hatched at the residence of applicant on 24.02.2020”.
ASJ Yadav stated: “From the aforesaid conspectus of facts, I find that the riots in the area of North-East Delhi were carried out in an organised manner and as part of deep-rooted conspiracy and the involvement of applicant is being investigated upon with regard to his connection with members of PFI, Pinjratod, Jamia Coordination Committee, United Against Hate Group and anti-CAA protesters. That is, however, subject matter of another FIR as well as the proceedings being conducted by Enforcement Directorate (ED).” The court has also clarified that anything stated about the order was based prima facie analysis of material available which is yet to be tested on the touchstone of trial.
Hussain’s counsel K K Manan and Uditi Bali argued that there is no evidence collected by the police either by way of videos or CCTV footage to prove that Tahir was present at the scene of crime at the time of incident.
The court stated, “This argument again does not hold water in the teeth of the statements of eye witnesses on record. There is evidence on record that rioters had broken all the CCTV in the vicinity…Even if there is no video footage or CCTV footage, showing the presence of applicant at the spot, there is enough ocular evidence available on record,” the order read.
Ankit’s body was found dumped in a drain in Chand Bagh on February 26. A day later, based on Ravinder’s complaint, Delhi Police filed an FIR against Hussain on charges of murder, destruction of evidence and abduction. Hussain was later arrested.
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