The Delhi High Court on Thursday denied bail to former Aam Aadmi Party (AAP) councillor Tahir Hussain, who is accused of murdering Intelligence Bureau staffer Ankit Sharma during the north-east Delhi riots in February 2020.

Justice Neena Bansal Krishna rejected the plea, stating, “The [bail] applicant is not just alleged to be a member of the mob, but the main conspirator who instigated, facilitated, and provided his own house as a base for the riots.” 

Mr. Hussain’s counsel argued that he had been in custody for over five years, and despite the trial court’s “best efforts” to expedite the trial, its conclusion might take some time.

Justice Krishna observed, “Prolonged incarceration cannot be the sole ground for granting bail in a case of this magnitude.”

“In cases involving large-scale communal riots, threatening the unity, integrity, and sovereignty of the country, the interest of national security and public order must be balanced against individual rights,” the judge stated.

The court also remarked that the conduct of Hussain during the trial of criminal cases in connection with the north-east Delhi riots “cannot be ignored”. Pointing out the details in the status report, the court said that he allegedly attempted to influence a public witness through his son. 

“Such conduct weighs heavily against him [Hussain],” the court said.

The police had opposed Hussain’s plea, calling it a shocking case involving the “brutal murder” of a young intelligence officer.

According to the prosecution, on February 26, 2020, the complainant, Ravinder Kumar, informed Dayalpur police station officials that his son, Ankit Sharma, who was posted in the Intelligence Bureau, had been missing since the previous day.

He later learnt from some locals that a person’s body was dumped in the Khajuri Khas nala from the masjid of Chand Bagh pulia after being murdered.

The prosecution alleged that Sharma’s body was recovered from Khajuri Khas nala and there were 51 injuries on his body.