New Delhi [India], July 23 : Delhi's Karkardooma Court on Thursday directed the counsel for Tahir Hussain and four other accused persons to file affidavits detailing their socio-economic status. The accused were convicted on July 13 for the murder of IB official Ankit Sharma and other offences.
Meanwhile, the court deferred arguments on the sentence till July 27 following a request from Tahir Hussain's counsel.
Additional Sessions Judge (ASJ) Praveen Singh directed advocate Rajiv Mohan and other counsels to consult their clients and file the affidavits on the same day.
Advocate Rajiv Mohan, appearing for Tahir Hussain, requested the court to schedule a date for arguments on the sentence.
While convicting Tahir Hussain, the court had said, "I accordingly find that the prosecution has proved its case beyond all reasonable doubts against accused Tahir Hussain for commission of offences punishable under 188 IPC, under section 153A read with section 149 IPC, section 147 read with section 149 IPC, section 148 read with section 149 IPC, section 365 read with section 149 IPC and section 302 read with section 149 IPC."
The court convicted Tahir Hussain under Section 188 IPC (disobedience of an order promulgated by a public servant), Section 153A read with Section 149 IPC (promoting enmity between groups on religious grounds and unlawful assembly), Section 147 read with Section 149 IPC (rioting and unlawful assembly), Section 148 read with Section 149 IPC (rioting with a deadly weapon and unlawful assembly), Section 365 read with Section 149 IPC (kidnapping and unlawful assembly), and Section 302 read with Section 149 IPC (murder and unlawful assembly).
Tahir Hussain was acquitted of charges under Sections 120B IPC, 505 IPC, and 109 and 114 IPC.
The court also convicted accused Nazim under Sections 188 IPC, 153A read with 149 IPC, 147 read with 149 IPC, 148 read with 149 IPC, 365 read with 149 IPC, and 302 read with 149 IPC. He was acquitted of charges under Section 120B IPC and Section 7 read with Section 25 of the Arms Act.
Accused Kasim was convicted under Sections 188 IPC, 153A read with 149 IPC, 147 read with 149 IPC, 148 read with 149 IPC, 365 read with 149 IPC, and 302 read with 149 IPC. He was acquitted of the charge under Section 120B IPC.
Accused Anas was convicted for offences under Sections 188 IPC, 153A read with 149 IPC, 147 read with 149 IPC, 148 read with 149 IPC, 365 read with 149 IPC, and 302 read with 149 IPC. He was acquitted of the charge under Section 120B IPC.
During the investigation, on February 28, 2020, the FSL team inspected the building of Tahir Hussain in Khajuri Khas, Main Karawal Nagar Road, Delhi, and the adjoining area. A physical inspection of the premises was also conducted.
According to the judgment, debris, stones, bricks, broken bottles, glass bottles containing liquid, bullets, and burnt articles were found scattered in front of Tahir Hussain's house and along Main Karawal Nagar Road up to Chand Bagh Pulia.
The court noted that Tahir Hussain's building was allegedly used by rioters, miscreants, and accused persons for brick-batting, stone-pelting, and throwing petrol and acid bombs.
'A lot of stones, bricks, a catapult, glass bottles containing petrol with bottle neck stuffed with pieces of cloth and other material were found lying on the third as well as on the terrace of the building of Tahir Hussain and also on the road along with damaged/burnt articles lying in front of Tahir Hussain's house,' the judgement noted.
During further investigation, photographs of suspects and accused persons arrested in other riot cases were shown to public witnesses.
Witnesses Pardeep Verma and Shamshad Pradhan identified five accused persons, Anas, Firoj, Javed, Gulfam, and Shoaib Alam, as being involved in rioting and arson allegedly on the instigation of Tahir Hussain. Witness Vikalp Kochar identified Tahir Hussain and Anas as persons allegedly involved in the murder of Ankit Sharma.
During the investigation, Mohd Tahir Hussain and Haseen Mullaji alias Salman were arrested on March 16, 2020. Nazim was arrested on March 30, 2020. Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, and Shoaib Alam alias Bobby were arrested on March 9, 2020, while Muntajim alias Musa was arrested on October 12, 2022.
After completion of the investigation, a chargesheet was filed on March 16, 2020, under Sections 109, 114, 147, 148, 149, 436, 153A, 505, 365, 302, 201, 120B, and 34 IPC.