'Not beyond reformation': Why Tahir Hussain was spared death penalty
What's the story
A Delhi court on Friday sentenced former Aam Aadmi Party (AAP) councilor Tahir Hussain and four others to life imprisonment. They were convicted for the murder of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 Delhi riots. The court, however, rejected the prosecution's plea for the death penalty, saying while the crime was "nauseating and sickening," it didn't find the convicts beyond reformation.
Verdict details
Police failed to prove violent disposition of convicts: Judge
Delivering the verdict, Additional Sessions Judge Praveen Singh of Karkardooma Court said the barbarity with which this "horrendous crime was committed is nauseating and sickening."
The court said the savagery did not end with the murder of Sharma.
"Instead, the body was strapped like an animal as if the hatred had still not satiated. The body was then thrown into the nallah (drain)... The crime test, thus, tilts the case toward rarest of rare cases," the court said.
Cops
Police failed to prove convicts had violent disposition
However, the court also said that police failed to prove that the convicts had a violent disposition.
The court noted that the convicts had no previous involvement in violent crimes and their conduct in custody was satisfactory.
"The conduct of convicts, Tahir Hussain,Nazir, Asim, Javed and Anas, while in custody, except for minor infractions, has been entirely satisfactory. This indicates that they can be disciplined and made to follow rules," Judge Singh reasoned and sentenced them to life imprisonment
Case proceedings
Convicts could be disciplined: Court
The Delhi Police had sought the death penalty for Hussain and others, calling Sharma's murder "cold-blooded" and brutal.
"Those who want mercy should also show mercy. They have no evidence to show that any mercy was shown by any person to carry this person to a hospital," the Delhi Police counsel told the court.
However, defense counsel argued against it on grounds of lack of conspiracy evidence and acquittal of mob members involved in Sharma's attack.
Legal charges
Convicts convicted under various IPC sections
Hussain was convicted under various sections of the Indian Penal Code including 188 (disobedience to order), 153A (promoting enmity), 147 (rioting), 148 (rioting armed with weapon), 149 (unlawful assembly), 365 (kidnapping), and 302 (murder).
Nazir, Asim, Javed, and Anas were also convicted under these charges.
The First Information Report in this case was filed by Sharma's father Ravinder Kumar on February 26, 2020.
Case
What victim's father said
He said that anti-CAA and pro-CAA demonstrators had held protests near Chand Bagh Pulia, Main Karawal Nagar Road, for two to three days, during which time, incidences of stone pelting, brick batting, arson, firing, and sabotage were reported.
He alleged that Hussain, the then municipal councilor, whose office was situated close by, had assembled several thugs in his office. Together with them, Hussain threw stones and petrol bombs and even fired from the rooftop of the office.
Incident
Body was recovered from Khajuri Khas nallah
A day before he filed the report, his son went out to buy household supplies but did not return for an extended period of time, prompting him to file a missing persons complaint.
Locals later informed him that a youngster had been thrown into the Khajuri Khas nallah from the Chand Bagh Pulia Masjid after being killed.
Sharma's corpse was later retrieved from the nallah.