Delhi riots: HC asks police to reply to Tahir Hussain’s bail plea in IB staffer murder case

New Delhi, The Delhi High Court on Monday sought response of the police on a plea by former A councillor Tahir Hussain seeking regular bail in a case relating to murder of IB staffer Ankit Sharma during the northeast Delhi riots in February 2020.

Justice Neena Bansal Krishna issued notice to the police on Hussain’s plea.

"Issue notice. Three weeks status report," the judge said, and listed the matter for hearing in July.

The plea, filed through advocate Tara Narula, said Hussain has already completed more than 5 years and in spite of the trial court's "best efforts" to expedite the trial, its conclusion might take time.

It further submitted that the trial court erroneously rejected his bail plea on March 12 and there was no credible evidence to show any kind of involvement in the alleged incident.

"The allegation against the applicant in the present case is that of an instigator. Out of the five alleged public eye witnesses, three witnesses have exonerated the applicant, categorically stating that they did not see him at the spot at the relevant time. The two chance witnesses support the prosecution case, their statements are inter se contradictory and replete with major improvements and contradictions inspiring no confidence in their testimony and cannot be considered credible by any stretch of imagination," the plea claimed.

"Testimonies of police witnesses also suffer from major improvements and contradictions and cannot be relied upon as credible evidence against the applicant. Pertinently, the complainant has refused the identify the complaint on the basis of which the FIR is registered raising serious doubts on the case of the prosecution," it added.

According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur police station officials that his son Ankit Sharma, who was posted in the Intelligence Bureau, was missing since February 25, 2020.

He later came to know from some locals that a person had been thrown into the Khajuri Khas nala from the masjid of Chand Bagh pulia after being murdered.

The prosecution alleged that Sharma’s body was recovered from Khajuri Khas nala and there were 51 injuries on his body.

Hussain is one of the accused in the case. According to the prosecution, the four accused persons were also part of the violent mob which was involved in the acts of rioting and arson, which killed Sharma.

Communal clashes had broken out in northeast Delhi on February 24, 2020, after violence between citizenship law supporters and protesters spiralled out of control leaving at least 53 people dead and scores injured.

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