Delhi riots case: Tahir Hussain gets two years in jail for abetting violence

A Delhi court on Friday sentenced former AAP councillor Tahir Hussain to two years' rigorous imprisonment for abetting rioting during the 2020 northeast Delhi violence, observing that he had misused his position as an elected representative to facilitate attacks instead of preventing communal unrest.

Additional Sessions Judge Parveen Singh imposed a fine of Rs 10,000 on Hussain, who was convicted on October 10 under Section 147 (rioting) read with Section 109 (abetment) of the Indian Penal Code (IPC).

The court held that the gravity of Hussain's conduct, particularly his decision to allow rioters to use his house as a vantage point for attacks, warranted a deterrent sentence.

"The aggravating circumstances substantially outweigh the mitigating circumstances urged on behalf of the convict. No mitigating circumstance of sufficient weight has been established which would justify a lesser sentence," the judge said.

The court rejected the defence's plea for leniency, observing that Hussain's status as an elected representative placed a greater responsibility on him to maintain peace in a communally charged environment.

𝗘𝗹𝗲𝗰𝘁𝗲𝗱 𝗽𝗼𝘀𝗶𝘁𝗶𝗼𝗻 𝗺𝗶𝘀𝘂𝘀𝗲𝗱, 𝘀𝗮𝘆𝘀 𝗰𝗼𝘂𝗿𝘁

Special Public Prosecutor Madhukar Pandey sought the maximum punishment for Hussain, pointing out that this was his second conviction in a case connected with the February 2020 riots.

Pandey argued that Hussain, being an elected representative at the time, was expected to act responsibly and prevent violence. Instead, he facilitated the riots by allowing his house to be used by a mob to attack members of the public.

Agreeing with the prosecution's submissions, the court said Hussain was expected to exercise a restraining influence over people during the communal disturbances.

"Instead of discharging this responsibility, the convict has been found to have abetted the riots by providing his house, which was the highest point in the locality, as a place from where the rioters could attack people and damage property," the judge observed.

The court said Hussain's position, which should have been used to prevent violence, was instead used to facilitate it.

It held that such conduct demanded punishment reflecting both the seriousness of the offence and the need to deter similar acts.

𝗔𝗯𝘀𝗲𝗻𝗰𝗲 𝗳𝗿𝗼𝗺 𝗺𝗼𝗯 𝗻𝗼 𝗴𝗿𝗼𝘂𝗻𝗱 𝗳𝗼𝗿 𝗹𝗲𝗻𝗶𝗲𝗻𝗰𝘆

The court rejected the argument that Hussain deserved a lighter sentence because the prosecution had not established his physical participation in the rioting mob.

It observed that facilitating violence could attract serious criminal culpability even when the accused was not personally involved in carrying out the attacks.

"The mere fact that the prosecution did not prove active participation of the convict in the riot, does not dilute the gravity of his conduct, for the hand that guides is as guilty, if not more, as the hand that acts," the judge said.

The court also dismissed Hussain's contention that he had been helpless when a mob allegedly forcibly occupied his house during the riots.

Hussain had claimed that he made several calls to the police control room seeking assistance after the mob entered his property.

However, the court noted that he had failed to establish that such calls were made or produce supporting evidence.

The judge further observed that Hussain had not filed any complaint against known or unidentified persons alleging that they had forcibly occupied his house and used it to attack people.

These circumstances, the court held, weakened the defence's plea for leniency.

𝗛𝗼𝘂𝘀𝗲 𝘂𝘀𝗲𝗱 𝗮𝘀 𝘃𝗮𝗻𝘁𝗮𝗴𝗲 𝗽𝗼𝗶𝗻𝘁

The case concerned incidents on February 24, 2020, when a mob used the terrace of Hussain's house on Main Karawal Nagar Road to pelt stones at passersby and nearby properties.

The prosecution maintained that the house provided an elevated position from which rioters could launch attacks during the communal violence.

In its October 10 judgment, the court convicted Hussain of abetting rioting but acquitted him of more serious charges, including rioting while armed with deadly weapons, theft, mischief and trespass.

The court also acquitted nine other accused, holding that the prosecution had failed to establish its case against them.

Friday's sentencing order followed the earlier conviction and concluded the determination of punishment in this particular case.

𝗦𝗲𝗰𝗼𝗻𝗱 𝗰𝗼𝗻𝘃𝗶𝗰𝘁𝗶𝗼𝗻 𝗶𝗻 𝗿𝗶𝗼𝘁𝘀 𝗰𝗮𝘀𝗲

This is Hussain's second conviction in connection with the February 2020 communal violence in northeast Delhi.

On July 31, a Delhi court sentenced him and four other convicts to life imprisonment for the murder of Intelligence Bureau officer Ankit Sharma during the riots.

Hussain was expelled from the Aam Aadmi Party in February 2020, hours after an FIR was registered against him in connection with the violence.

He subsequently joined the All India Majlis-e-Ittehadul Muslimeen (AIMIM) in 2024 and contested the 2025 Delhi Assembly elections on the party's ticket but lost.

The communal riots in northeast Delhi in February 2020 claimed 53 lives and caused extensive damage to residential and commercial properties.

The latest sentencing order adds to the judicial outcomes arising from the violence, with the court emphasising the heightened responsibility of public representatives to prevent, rather than facilitate, communal unrest.