New Delhi, Aug 13 (PTI) Delhi Police on Wednesday opposed in the Delhi High Court a plea of former AAP councillor Tahir Hussain seeking bail in a murder case related to February 2020 riots.
Justice Neena Bansal Krishna went on to reserve the order on the bail plea.
The police called it a "shocking" case involving the murder of a young intelligence bureau (IB) officer, namely Ankit Sharma.
IB officer Sharma, while attempting to pacify the accused and urging them not to take the law into their own hands, was caught, dragged and stabbed 51 times with a sharp weapon before his body was dumped into an adjoining drain, it added.
The plea, filed through advocate Tara Narula, said Hussain had already been incarcerated for over five years and despite the trial court's "best efforts" to expedite the trial, its conclusion would take time.
Hussain has argued the trial court erroneously rejected his bail plea on March 12 as there was no credible evidence to show any kind of involvement in the alleged incident.
"The allegation against the applicant in the present case is that of an instigator. Out of the five alleged public eye witnesses, three witnesses have exonerated the applicant, categorically stating that they did not see him at the spot at the relevant time," the plea said.
The plea further said the statements of two witnesses supporting the prosecution case were contradictory, "replete with major improvements and contradictions".
Special public prosecutor Rajat Nair, representing Delhi Police, opposed the bail plea and said the prosecution evidence was expected to close on the next date of hearing in the trial court.
He argued the brutality was aggravated because Sharma was targeted more savagely after identifying himself as an officer of the security forces and the killing was intended to send a chilling message of defiance against the establishment itself.
Arguing that the incident pointed to hallmarks of a pre-planned conspiracy, the prosecutor said the status report revealed that Hussain's terrace was fortified and stocked with weapons, his family was moved away days before the riots and seizure memos recorded the recovery of stones, bottles, petrol bombs, and jars containing petrol-like liquid.
"These facts leave no doubt that Tahir Hussain was not a passive bystander but an active leader, orchestrator and participant in a calculated act of communal violence," Nair said.
The prosecution alleged on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur police station officials that his son Sharma was missing since February 25, 2020.
He was stated to have later learnt from some locals that a person was thrown into the Khajuri Khas drain from the mosque of Chand Bagh pulia after being murdered.
The prosecution alleged Sharma’s body bearing 51 injury marks was pulled out of the drain.
Hussain is one of the accused in the case, which also involves four other accused persons allegedly part of the violent mob that carried out rioting and arson, killing Sharma.
Communal clashes broke out in northeast Delhi on February 24, 2020, claiming lives of 53 people and leaving scores injured.