The Delhi High Court has asked the Delhi Police to respond to an appeal filed by former AAP councillor Tahir Hussain against his conviction in the murder of Intelligence Bureau officer Ankit Sharma.
What the High Court did
The court issued notice to the Delhi Police, which means it has formally asked the prosecution to file its reply to the appeal.
The matter has been listed for hearing on 2 December, along with other connected appeals in the same case.
The Bench also called for Hussain's nominal roll from the jail authorities. A nominal roll is the prison record of a convict. It sets out details such as the sentence undergone so far, remission earned and conduct in custody.
The case in brief
Ankit Sharma, an officer with the Intelligence Bureau, was killed in the Dayalpur area during the northeast Delhi riots in February 2020.
On 13 July, nearly six years after the incident, a Karkardooma court convicted Hussain along with four co-accused: Nazim, Kasim, Javed and Anas.
On 31 July, the same court sentenced them to life imprisonment.
Hussain has now challenged that conviction before the Delhi High Court.
The charges he was convicted under
The trial court convicted Hussain under the following provisions of the Indian Penal Code, read with Section 149 (unlawful assembly):
Section 302 — murder
Section 365 — kidnapping or abducting with intent to secretly and wrongfully confine a person
Section 147 — rioting
Section 148 — rioting armed with a deadly weapon
Section 153A — promoting enmity between groups
Section 188 — disobedience to an order duly promulgated by a public servant
Section 149 makes every member of an unlawful assembly liable for an offence committed by any member of that assembly in pursuit of its common object.
What happens next
Issuing notice is a procedural step, not a ruling. It does not mean the High Court has formed any view on the merits of the appeal.
The conviction and sentence passed by the trial court remain in force. An appeal being admitted does not by itself suspend either.
The Delhi Police will now file its response. The High Court will hear the appeal on 2 December, together with the connected appeals filed in the same matter.
Quick answers
What does "issuing notice" mean?
It is a formal direction asking the opposing party, here the Delhi Police, to file a reply. It is a procedural step and not a decision on whether the appeal will succeed.
Has the conviction been set aside?
No. The conviction and the life sentence passed by the Karkardooma court stand. The High Court has only sought a response and fixed a hearing date.
When will the appeal be heard?
2 December, along with other connected appeals in the same case.
Who else was convicted?
Four co-accused: Nazim, Kasim, Javed and Anas. All five were sentenced to life imprisonment on 31 July.
What is a nominal roll?
It is the official prison record of a convict, covering matters such as sentence served, remission earned and conduct in custody. Courts often call for it while dealing with appeals or bail applications.
