New Delhi | Tahir Hussain was a member of a heavily armed mob that assembled with “animus against Hindus” to commit rioting, loot and arson and murdered Ankit Sharma with a “savage and relentless assault”, a Delhi court has said in its verdict convicting the former AAP councillor and four others for the sensational killing of the Intelligence Bureau officer during the 2020 Northeast Delhi riots.

Additional Sessions Judge Praveen Singh, who acquitted Hussain and other convicts of the charge of criminal conspiracy (IPC Section 120B), said that while the damaged and diverted CCTV cameras in the area suggested that "a conspiracy might have been afoot", the prosecution failed to establish when, where and how such a conspiracy was hatched.

In the 320-page detailed order dated July 13 made available on Tuesday, the court, which had acquitted six of the 11 accused, said members of the unlawful assembly surrounded and dragged the officer towards Chand Bagh Pulia. His body was later found in a drain there.

“Tahir Hussain was a member of a large crowd and unlawful assembly which, with animus against Hindus, had assembled at Chand Bagh Pulia with a common object to commit rioting, loot, arson and to cause damage to the property and person of the members of the Hindu community,” the order said

The court said that the mob was heavily armed, used violence, indulged in rioting, arson and loot, and prosecution had successfully established that the members of the unlawful assembly knew that, in pursuing their common object, "death could result and someone could be killed".

“It is established that the members of this assembly had surrounded and dragged Ankit Sharma towards Chand Bagh Pulia and had thereby abducted him, whereafter, in a savage and relentless assault upon his person, had murdered him,” said the court, which has listed the matter for arguments on sentence for July 23.

The judge noted that Hussain was part of the mob which was gathered in violation of the Section 144 CrPC imposed in that area and convicted him under IPC Section 188 (disobedience to order duly promulgated by public servant).

"Being a member of this unlawful assembly, accused Tahir Hussain, in view of Section 149 IPC, is vicariously liable for the aforesaid offences," the court said while convicting Hussain under Sections 302, 365, 147, 148, 153A and 188 of the IPC read with Section 149.

The judge also noted that the prosecution had proved through the testimonies of eyewitnesses, corroborated by other witnesses, that Hussain was present at Chand Bagh Pulia around 5 pm on February 25, 2020, as part of the unlawful assembly.

The court convicted Hussain under IPC sections 302 (murder), 365 (Kidnapping or abducting with intent secretly and wrongfully to confine person) read with 149, 147 (punishment for rioting), 148 (rioting with deadly weapon), 153A (promoting enmity) and 188 (Disobedience to order duly promulgated by public servant) read with 149 (rioting).

However, Hussain was acquitted of IPC Sections 120B (criminal conspiracy) and 109 (punishment for abetment) read with 149, with the court saying that the prosecution failed to prove beyond reasonable doubt that he had instigated the offences committed by the unlawful assembly.

On the charge of criminal conspiracy, the court said that while the damaged and diverted CCTV cameras in the area suggested that "a conspiracy might have been afoot", the prosecution failed to establish when, where and how such a conspiracy was hatched or who its conspirators were.

The court also convicted Nazim, Kasim, Javed and Anas for the same offences. The court noted they were among those who surrounded and dragged IB officer Sharma towards Chand Bagh Pulia before he was fatally assaulted, making them vicariously liable for murder and other offences under Section 149 IPC.

The court acquitted Haseen alias Mullaji alias Salman, Firoz, Gulfam, Soyab, Sameer Khan, Muntajim alias Musa in the case.

According to the complaint, Sharma, who was posted with the Intelligence Bureau, had returned home from office on February 25, 2020, before stepping out again.

When he did not return for a long time, his family began searching for him, only to be informed by locals that his son had been killed and his body thrown into the Khajuri Khas drain near a mosque in the Chand Bagh pulia area. Sharma's body was subsequently recovered from the drain.

In his complaint, Kumar alleged that his son was murdered by Hussain and others. It said they had allegedly assembled at Hussain's office, and Ankit's body was disposed of after the murder.