Former Aam Aadmi Party Councillor Tahir Hussain has approached the Delhi High Court challenging his conviction for the murder of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots.

For context, A Delhi Court had on July 31 sentenced Hussain to life imprisonment in the case. He was convicted in the case on July 13.

Additional Sessions Judge Praveen Singh of Karkardooma Courts had also sentenced other convicts, namely Javed, Anas, Nazim and Kasim, to life imprisonment.

The Delhi Police had sought death penalty for Hussain as well as other four convicts.

While pronouncing the order, the Trial Court noted that the crime was committed during the communal violence in North East Delhi and the manner in which it was committed was of utmost brutality, done solely on account of religion.

The judge had said the deceased's body was dragged like animal till Chandbagh pulia and was thereafter thrown in the drain. The barbarity committed is nauseating and sickening, the judge added.

Even though the State sought death penalty for convicts, the Trial Court said that prosecution did not bring anything on record that there was any violent disposition or propensity to the crime on part of the five convicts.

The Trial Court said that there was no previous involvement in any crime and that the convicts can be disciplined and made to follow the rule based order.

The Trial Court had said that though there is no bar to order death penalty, however, in such cases it has to be seen that beyond someone's life is ordered to be extinguished, there should be something beyond unlawful assembly to be proved.

The FIR was registered on the basis of the complaint made by the deceased's father. He had lodged a missing report when his son went missing during the riots. Ankit's body was later recovered from a drain. He was declared as brought dead by GTB hospital.

The complainant's son Ankit Sharma, an Officer working with the Intelligence Bureau, left his house at around 5 pmon the said date for buying groceries and general household items. However, he did not return home even after several hours.

Later, his dead body was found lying in a drain near Chand Bagh Pulia. He had sustained sharp injuries on his head, face, chest, back and on his waist.

Thereafter, an FIR was registered by the complainant stating that he had strong suspicion that his son was killed by the main accused Tahir Hussain and his associates.

The post-mortem report of the deceased Ankit Sharma revealed that there were 51 injuries caused due to sharp edged weapons and blunt force.

In March 2023, the trial court framed charges against Tahir Hussain, Haseen, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim.

Charges were framed under sections 147, 148, 153A, 302, 365, 120B, 149, 188 and 153A of Indian Penal Code, 1860. Hussain was additionally charged under sections 505, 109 and 114 of IPC. Accused Nazim was additionally charged under section 25 of the Arms Act.