The court on Thursday deferred the hearing on the quantum of sentence for former AAP councillor Tahir Hussain and four others convicted in the murder of Ankit Sharma to July 27 after the defence sought additional time to prepare its submissions.
Additional Sessions Judge Praveen Singh adjourned the proceedings following repeated requests by Hussain’s counsel.
The judge initially expressed reluctance, observing that a convicted person should not be kept in prolonged uncertainty regarding sentencing.
“There are clear directions that once a person is convicted, he cannot be kept under suspense over his sentence,” the judge said.
Appearing for Hussain, advocates Rajiv Mohan and Tara Narula argued that the matter had reached the crucial sentencing stage and sought time to prepare detailed submissions on behalf of the accused. Although the court initially rejected the request and directed the parties to proceed, the judge later reconsidered before the prosecution began its arguments.
“I felt that by not accepting your request, I am rushing the matter and not giving you a proper opportunity to represent your case,” the judge observed. The court directed the defence to file affidavits disclosing the socio-economic status of the convicts before the next hearing.
On July 13, the court convicted Hussain and four others for the murder of Sharma, who was attacked by a mob and whose body was later recovered from a drain during the 2020 northeast Delhi riots.
In its judgment, the court held that Hussain was part of a heavily armed mob that had assembled with animus against Hindus and engaged in rioting, arson, looting and the murder of Sharma in what it described as a “savage and relentless assault”.
The court further held that the prosecution had established that members of the unlawful assembly were aware that, in pursuing their common object.
Hussain was convicted under Sections 302, 365, 147, 148, 153A and 149 relating to unlawful assembly as per the Indian Penal Code (IPC).