A “powerful person” like Tahir Hussain can threaten witnesses in the case if he is released on bail: judge
New Delhi:
Suspended PAA adviser Tahir Hussain allegedly used rioters as “human weapons” which, at his instigation, could have killed anyone, a Delhi court said on Monday while rejecting his request for release under bail in the case of the murder of BI official Ankit Sharma during the community violence in northeast Delhi.
Additional sessions Judge Vinod Yadav said that a “powerful person” like Hussain can threaten witnesses in the case if he is released on bail.
“At this point, I note that there is sufficient evidence on the record to presume that the applicant was very present at the scene of the crime and urged the rioters in a particular community and that as such, there is no ‘did not use his hands and his fists, but rioters as “human weapons” which, at his instigation, could have killed anyone. ”
“In this case, it is obvious that the witnesses, whose statements have been recorded, are residents of the same locality and that they can easily be threatened by a powerful person like the applicant (Hussain),” said the judge. in his order.
The judge clarified, however, that everything indicated in the order was based on “a prima facie analysis of the material available on the record at this stage which has not yet been tested on the touchstone of the trial”.
Delhi police in their indictment in the case alleged that there was a deep-rooted conspiracy behind the murder of Sharma because he was specifically targeted by a crowd led by Hussain.
The charge sheet indicates that the autopsy revealed that there were 51 acute wounds on her body and that the way Sharma was killed by the cold-blooded rioters shook the fabric of society and sparked a fear in the minds of the inhabitants of the region.
The court, in its Monday order, said it was common knowledge that the investigation into the case was still underway as more people were to be apprehended.
He also noted that two people had stated in their statements to the Directorate of Crime about the plot of communal riots that allegedly broke out at Hussain’s residence on February 24.
The court declared that even if there was no video or video surveillance showing Hussain’s presence on the spot, there was sufficient eye evidence available on the record which, at first glance, established that he was present at the scene of the incident.
“I note that the riots in the north-eastern region of Delhi were carried out in an organized manner and in the context of a deep-rooted conspiracy and that the applicant’s involvement is the subject of an investigation into his links with members of the PFI (Popular Front). of India), Pinjratod, Jamia Co-ordination Committee, United Against Hate Group and anti-CAA protesters. However, this is the subject of another FIR and procedures by the Law Enforcement Branch, “said the judge. .
During the videoconference hearing, lead counsel KK Manan and attorney Uditi Bali, representing Hussain, said that there was no compelling legally admissible evidence to link him to the murder from Sharma.
“There was a delay in the recording of witness statements. There is no evidence in the form of video footage or video surveillance to prove that Hussain was present at the crime scene at the time of the incident”, said the council.
They further alleged that on February 25, he was not present at or near the crime scene and that his alleged presence declared by the witnesses was false.
He was rescued on the night of 24-25 February by the police themselves and taken to his parents’ home in Mustafabad and he did not return to the scene of the crime.
Special prosecutor Manoj Chaudhary, representing the state, opposed the bail request, saying witnesses to the case alleged that, at Hussain’s instigation, the rioters had killed Sharma.
The riots in the northeast region of Delhi were part of a large-scale conspiracy hatched at various levels throughout Delhi following the passing of the Citizenship Change Act 2019 on December 11 of the last year, said the lawyer.
He further claimed that the police had recorded the statements of at least 13 witnesses, who clearly identified Hussain at the crime scene, allegedly inciting rioters from a particular community and urging them to kill people from another community.
Hussain is said to have provided logistical support such as lathis, dandas, stones, acid bottles, knives, swords, guns to rioters on the roof of his house, the prosecutor said.
“In my opinion, witness statements can be considered delayed when witnesses are known to the police and yet the police do not record their statements; whereas in the event of a riot, the police have virtually no idea of who In addition, normally, people do not show up and it is admitted in the file that at the date of the incident, nearly 10,000 calls by PCR were recorded in the area of the Dayalpur police station . “
“Subsequently, on the basis of these calls, the police returned and found some of the witnesses. Therefore, at this stage, it cannot be said that there is a delay in the recording of witness statements by the investigative agency, “said the judge. .
The corpse was recovered the following morning.
