New Delhi [India], March 23 (ANI): A Delhi Court on Thursday framed charges against ex-MCD councillor and ten others in a case related to the alleged murder of Ankit Sharma during the North East Delhi riots.
This case was registered on the complaint of Ankit Sharma's father. Ankit was working with the Intelligence Bureau (IB)Additional Sessions Judge (ASJ) Pulastya Pramachala on Thursday directed to frame charges against accused Mohd. Tahir Hussain, Haseen alias Mullaji alias Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoib Alam alias Bobby and Muntajim alias Musa.
The court directed to frame charges under conspiracy, murder, kidnapping, rioting, unlawful assembly, and promoting enmity between groups including other sections.
The judge said that the accused persons are liable to be tried for offence punishable u/s 120B IPC read with Sections 147, 148, 153A, 302 IPC.
"They are also liable to be tried for offences punishable u/s 147, 148, 302, 365 IPC read with 120B and 149 IPC; and 188 IPC," the judge said.
All accused except Muntajim alias Musa are also liable to be tried for offences punishable u/s 153A IPC r/with 120B and 149 IPC. Accused Haseen alias Mullaji alias Salman and Nazim are also liable to be tried for offence punishable u/s 25 Arms Act.
The court framed additional charges against Tahir Hussain and said, "Accused Tahir Hussain is also liable to be tried for offence punishable u/s 505 IPC. Accused Tahir Hussain is also liable to be tried for offence punishable under Sections 109/114 IPC r/with Sections 147, 148, 149, 153-A and 302 IPC."Accused Muntajim alias Musa is also liable to be tried for offence punishable u/s. 174-A IPC.
The court observed, "As per evidence, the mob was acting in a well-prepared manner to attack Hindus and their properties, which signifies the existence of a prior meeting of their mind.""Tahir Hussain also played the role of instigator to kill Hindus and exhorting this mob so as not to spare Hindus. He instigated the mob when Ankit came forward towards this mob," the court said.
"The conspiracy need not be specific to kill Ankit. When the accused persons were acting in pursuance to conspiracy and common object to kill Hindus, it covered killing of Ankit as well for the reasons that Ankit was killed because he was Hindu," the court added.
They also noted that the facts and evidence of this case also show that a number of persons had assembled at and around the house of Tahir Hussain.
Some of them were equipped with firing weapons. Petrol bombs were also arranged, by accumulating the required materials in the house of Tahir Hussain, it added.
Bottles of Mountain Dew were being filled with petrol near the house of Tahir Hussain and were being taken inside his house, in his presence, it further added.
"Tahir was continuously acting in a manner of supervising and motivating this mob. All these things were done to target Hindus," the court said.
Every member of the mob assembled there participated in achieving the objective of targeting Hindus, the court added.
"Such conduct of the members of this mob, show that they were acting out of a meeting of their mind and with a clear-cut objective in mind, to kill and harm Hindus," the court said.
Thus, a criminal conspiracy to indulge in a riot and to kill Hindus and harm the properties of Hindus is well reflected in the evidence on the record, the court added.
As per the prosecution case on February 26, 2020, the present FIR was registered at PS Dayalpur, on the complaint of February 26, 2020, made by the father of deceased Ankit Sharma, namely Ravinder Kumar.
In his complaint, he alleged that the demonstration had been going on by the Anti-CAA and Pro-CAA protesters for 2-3 days at Chand Bagh Pulia, Main Karawal Nagar Road, in which the incidents of stone pelting, brick batting, arson, firing and sabotage had taken place from both sides.
Mohd. Tahir, the then Municipal Councilor had his office at Main Karawal Nagar Road, near Chand Bagh Pulia and he had gathered a lot of goons in his office, he alleged.
He also alleged that the mob had pelted stones, petrol bombs and shots were fired from the rooftop of the building/ office of Tahir Hussain and he had created an atmosphere of fear among the public.
The complainant further alleged that on February 25, 2020, his son Ankit Sharma, who was posted in Intelligence Bureau had returned from his office and had gone out of the house to bring some household goods at about 05:00 PM.
It was further alleged that when his son did not return after a long time, he started searching for his son at nearby places, hospitals etc. but he could not find his son.
After waiting overnight, he lodged a missing report on February 26, 2020, at 11.41 of his son Ankit Sharma at PS Dayalpur.
Then the complainant came to know from the local boys that a boy had been thrown into the theKhajuri Khas Nala from the Masjid of Chand Bagh Pulia after he was killed.
The body of Ankit Sharma was recovered from Khajuri Khas Nala near Chand Bagh Pulia. The clothes of Ankit Sharma were missing. (ANI)