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 passers-by and nearby properties.
The court’s judgement is the second conviction against Hussain, who was held guilty on July 13 in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma, who was killed during the 2020 Delhi riots. Hussain was subsequently sentenced to life imprisonment in that case.
Also Read | Delhi riots: Ex-AAP councillor Tahir Hussain gets life term in IB official Ankit Sharma murder case
Additional sessions judge Parveen Singh of Karkardooma courts, in a 64-page judgement, 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.
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.
{{/usCountry}}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.
{{/usCountry}}The court convicted Hussain under section 147 read with section 109 of the Indian Penal Code (IPC), relating to rioting and abetment, and said the matter would be heard separately on the point of sentence 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 consistently said 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 the house of accused Tahir Hussain,” 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 had been unable to prevent them from using the terrace.
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 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.
The case relates to the violence that broke out on February 24, 2020, near Chand Bagh Pulia on Main Karawal Nagar Road in northeast Delhi. The prosecution alleged that rioters vandalised shops, looted goods and set properties on fire during the clashes.
The first information report (FIR) was registered at Dayalpur police station on March 4, 2020, following a complaint by Irshad Ali, who ran a shop called Royal Mattress 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 had been 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 had 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 had not proved the videos in evidence.
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 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.