Ex-AAP councillor Tahir Hussain convicted for abetment in 2020 Delhi riots case

It is his second conviction linked to the violence; he was previously sentenced to life for the murder of IB staffer Ankit Sharma.

A Delhi court on Saturday convicted former Aam Aadmi Party (AAP) councillor Tahir Hussain for abetting rioting during the February 2020 northeast Delhi riots in Dayalpur, holding that “he allowed rioters to use the terrace of his house” as a vantage point to pelt stones at passersby and nearby properties.

The court convicted Tahir Hussain under sections 147 and 109 of the Indian Penal Code (IPC), relating to rioting and abetment, and said the matter would be heard separately on October 16. (File Photo/PTI)

The court’s judgment is the second conviction against Hussain, as he was on July 13 held guilty in the murder case of Intelligence Bureau staffer Ankit Sharma, who was killed during the same riots. Hussain was subsequently sentenced to life imprisonment in that case.

Additional sessions judge Parveen Singh of Karkardooma courts, in a 64-page judgment, held that the prosecution had established that a mob gathered on the terrace of Hussain’s house on February 24, 2020, and pelted stones at people and properties along Main Karawal Nagar Road.

Charges and evidence considered by the court

The court, however, acquitted Hussain of the more serious charges of rioting while armed with deadly weapons, theft, mischief causing damage and arson, and house trespass, citing a lack of evidence connecting him to these offences.

The court convicted Hussain under sections 147 and 109 of the Indian Penal Code (IPC), relating to rioting and abetment, and said the matter would be heard separately on October 16. The maximum punishment for the offences is up to two years along with a fine or both.

“In absence of any evidence to the contrary, it stands established that accused Tahir Hussain allowed the mob to use his building as a vantage point wherefrom it committed a riot and pelted stones upon the public and properties,” the court said in its judgment.

The judge relied on the testimonies of witnesses who stated that a large crowd had gathered outside Hussain’s house and that rioters on its terrace were throwing stones at the road and surrounding properties.

“The testimonies of these witnesses are consistent on the point that a large crowd had gathered outside the house of accused Tahir Hussain, and also that a big mob was also present on the terrace of his house,” the judge observed.

The court also noted that Hussain, when questioned during his statement under Section 313 of the Code of Criminal Procedure, did not deny that a mob was present on his terrace. He claimed, however, that the rioters had “forcibly entered his house and that he could not stop them”. He also claimed to have made several calls to the police control room, the court noted.

The judge rejected this defence, noting that Hussain had not produced evidence to establish that the rioters had forcibly entered his house or that he was unable to prevent them from using the terrace.

Acquittal on remaining charges

The court specifically distinguished Hussain’s role in allowing the terrace to be used from direct participation in the attacks on shops.

It said none of the witnesses had placed him in the mob or testified that he had abetted the rioters who vandalised, looted and set fire to the shops of complainants Irshad Ali, Mohd. Jahid and Gunjan Sachdeva, or that he had armed them with deadly weapons.

“However, as none of the witnesses have placed the accused in the mob, or have deposed about him abetting the rioters who had indulged in vandalism, loot and arson … I do not find that the prosecution has established the charges,” the court said, acquitting him of the remaining charges.

The court acquitted the nine co-accused named in its judgment — Mohd. Shadab, Hussain’s brother Shah Alam, Riyasat Ali, Gulfam, Rashid Saifi, Mohd. Rihan, Mohd. Abid, Arshad Qayyum and Irshad Ahmed — of all charges, citing the failure to establish their guilt. Hussain was represented by advocate Rajiv Mohan while Alam was represented by advocate Dinesh Tiwari.

Complaints and trial evidence

The FIR was registered at Dayalpur police station on March 4, 2020, following a complaint by Irshad Ali, who ran a shop in Moonga Nagar. Ali told police that he had kept his shop shut amid the tense situation on February 24, but received a call around 3pm informing him that rioters had looted and set it on fire.

Two other complaints were subsequently clubbed with the case. Mohd. Zahid, who ran a bakery in the area, alleged that his shop was set on fire, while Gunjan Sachdeva, owner of Arora Furniture House, reported that his shop had been looted and torched.

Special Public Prosecutor Madhukar Pandey alleged that a large mob gathered near Hussain’s house and that rioters used the building to launch stone-pelting attacks on people and properties. Some witnesses testified that people were present on the terrace and were throwing stones towards the road and nearby shops.

The prosecution had examined 29 witnesses during the trial. The court also noted that although video footage of the incident had been collected during the investigation and sent for forensic examination, the prosecution did not prove the videos in evidence.

Separate murder case

While sentencing Hussain to life imprisonment for Ankit Sharma’s murder and refusing to impose the death sentence as sought by the prosecution, a Delhi court had on July 31 said that while the crime was brutal, with a murderous mob baying for blood killing the victim, the prosecution had not been able to bring on record that the convicts were beyond reform and that their time in prison would pose a menace to society.

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