Tahir Hussain Challenges Life Sentence in Ankit Sharma Murder Case in Delhi HC

New Delhi: Former Aam Aadmi Party(AAP) Councillor Tahir Hussain has moved the Delhi High Court, challenging his conviction and life sentence in the IB official Ankit Sharma murder case. His appeal is likely to be listed for hearing in the coming week.  

Ankit Sharma was murdered in the Dayal Pur area during the North East Delhi riots of 2020. His mutilated body was recovered from a drain. 

Tahir Hussain alongwith four others, was sentenced to life imprisonment by the Karkardooma Court on July 31. They were convicted on July 13. 

They were acquitted of the charge of Criminal Conspiracy. Six other accused were acquitted of all charges. Three convicts have already challenged their conviction, and the hearing is on December 3. 

Karkardooma Court on July 31 awarded a life sentence to Tahir Hussain and 4 other Convicts. He was murdered during the North East Delhi riots in February 2020 in the Dayal Pur area. His mutilated body was recovered from a drain. 

The Court had observed that the "crime was heinous, barbarious, that shook the conscience of society. The deceased was dragged like an animal after the murder". 

However, it doesn't fall under the category of rarest of rare cases. The Prosecution was not able of attribute any specific role to any of the convicts, the court had said. 

The prosecution had sought capital punishment for all the convicts, citing the barbarity during commission of the offence. It was also submitted that a heavy cutting weapon was used in the commission of the offence. 

Additional Sessions Judge (ASJ) awarded life sentences to Tahir Husain, Nazim, Kashim, Javed, and Anas for the offence of murder. The court imposed a fine of Rs. 5 lakh on Tahir Hussain and Rs. 25000 on the other accused persons each. 

They were additionally sentenced to 7 years' imprisonment for the offence of Kidnapping and imposed fine also. They were also sentenced for the offences of rioting etc. 

Special Public Prosecutor (SPP) Madhukar Pandey had sought capital punishment and submitted that these convicts are savage. "They did not remain human while committing the offence." 

They should be kept behind bars and should be provided a death sentence, the SPP had submitted. 

It was submitted that it was a cold-blooded murder. It was deliberate. A heavy cutting weapon was used. It is akin to a butcher. 

The SPP had also said before the court that the killing should not be seen in isolation, adding that In north east Delhi riots, 53 people died. So the context is important. 

The conduct of the rioters, including convicts, demands that they be given the death sentence, the SPP had said. 

It was also said that there were 51 injuries on the body of Ankit Sharma; 7 were sufficient to cause death. A heavy cutting weapon was used. It is also submitted that the convicted were not provoked by the deceased. 

" They committed the offence without caring for the punishment. They deserve a death sentence," SPP had submitted. 

The SPP had also submitted that the law laid down by the Supreme Court squarely applies to this case. "They should be given the death sentence." 

On the other hand, Advocate Rajiv Mohan, along with Advocate Tara Narula, counsel for Tahir, while praying for leniency in sentence, had said that the death sentence cannot be given in every murder case. "The aggravating and mitigating factors should be assessed." 

It was also submitted that 6 accused out of 11 have been acquitted by the court. Tahir Hussain has been convicted for the substantive offence of Section 188, and he has vicarious liability for other offences and common intention. He is convicted for common intention, the counsel said. 

It was further submitted by the defence counsel that there was a huge crowd at Chand Bagh Pulia. "Tahir Hussain was part of an unlawful assembly with a common intention to commit rioting." 

The counsel had said that Tahir Hussain has been convicted for vicarious liability for unlawful assembly. The prosecution was not able to prove any aspect of Conspiracy during the trial, the counsel added. 

"In this case, the police cited conspiracy, and in another case, the police have alleged a larger conspiracy, adding that the Accused person charged with actually inflicting injuries has been acquitted," Advocate Rajiv Mohan had argued. 

The counsel for Tahir Hussain had also said that the role attributed to the accused is a guiding factor to give sentence. The counsel said that the police were present there and were not able to stop the Rioting. 

In this case, the liability cannot be put upon the Accused. His conviction is based upon the presence of the convict, the counsel submitted. 

There is no preparation, no conspiracy; the deceased was taken by the crowd, and brutality was done. This case is not on par with the cases which provided a death sentence, the counsel argued. 

It was also submitted that the conduct of Tahir Hussain remained satisfactory during the custody. It should be considered while giving the sentence. 

The counsel had said that no particular role has been attributed to Tahir Hussain. Therefore, this case doesn't fall under the category of rarest of rare cases. 

In rebuttal, the SPP Madhukar Pandey had said that the person seeking mercy should show mercy. No one has a licence to kill someone. 

It was submitted that Ankit Sharma was dragged after tying the clothes around his neck and he was thrown in a nala from a building. 

The conduct of these convicts during the commission of the crime shows that they had turned into beasts, the SPP had said. 

The SPP also had submitted that, being an MCD councillor, a public servant, it was the duty of Tahir Hussain to save Ankit Sharma. Each and every member of the mob is liable to be punished for the offence. 

While pleading mercy, they (convicts) are telling half-truths, the SPP said.