Delhi Court has dismissed the surrender application filed by expelled AAP Councillor Tahir Hussain, in the case involving IB officer Ankit Sharma who was murdered during the Delhi riots.
While dismissing the application, ACMM Vishal Pahuja noted that the present court does not have the jurisdiction to deal with this application as this court was established for hearing the matters involving MPs or MLAs.
Hussain had moved an application to surrender before Additional Chief Metropolitan Magistrate Vishal Pahuja citing security concerns in the Karkardooma court.
He had informed the court that due to the charged environment in the Karkardooma court, where he ought to have moved his surrender application, there was a threat to his life. Therefore, he preferred to surrender before the concerned judge in the Rouse Avenue Court.
He had also mentioned in his application that he has been falsely implicated in the FIR and that he's willing to join the investigation and fully co-operate with the agencies.
Citing concerns to his life and limb, Hussain had also sought protection for himself and his family.
While dismissing the surrender application, the court relied upon section 177 of the Criminal Procedure Code which says that an offence shall ordinarily be inquired into and tried by the court within whose jurisdiction the offence has taken place.
Since the offence was allegedly committed within the jurisdiction of Dayal Pur police station, the present court does not have the jurisdiction to deal with this application.
Soon after the dismissal of the surrender application, Tahir Hussain was arrested by the Crime Branch of Delhi Police.
Meanwhile, the Karkardooma court also rejected Hussain's plea for anticipatory bail by observing that he had already approached another court.
Delhi Police will now produce him in Karkardooma Court after his medical formalities are completed.