‘Hand that guides is as guilty’: Court sentences Ex-AAP leader Tahir Hussain 2 years’ imprisonment in Delhi riot case

A Delhi court on Friday (Oct 16) sentenced former Aam Aadmi Party (AAP) councillor Tahir Hussain to two years in prison for abetting rioting during the February 2020 North-East Delhi riots. The court said his position as an elected representative made his conduct particularly serious. Additional Sessions Judge Parveen Singh, of the Karkardooma Courts, noted that this was Hussain’s second conviction in cases linked to the riots.

‘Hand that guides is as guilty’

The judge said Hussain, as an elected representative in 2020, was expected to promote peace and prevent violence in a communally charged atmosphere.

Instead, the court found that he had facilitated the violence by allowing rioters to use his house, described as the highest point in the locality, to attack people and damage property.

“Thus, a position which ought to have been used to prevent violence was, in the present case, found to have been used in a manner which facilitated it,” the court observed.

It said his position aggravated the offence and warranted a sentence that reflected its seriousness and served as a deterrent.

The judge also rejected the argument that Hussain’s lack of proven physical participation in the mob should substantially reduce his culpability.

“The mere fact that the prosecution did not prove the 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 court said.

Case involved looting and arson

Hussain was convicted under Section 147 read with Section 109 of the Indian Penal Code (IPC), relating to rioting and abetment. He was acquitted of the other charges in this case.

The FIR was registered at Dayalpur police station following a complaint by Irshad Ali, who alleged that his workplace was looted and set on fire on February 24, 2020. He estimated losses of Rs 17-18 lakh from stolen goods and another Rs 10 lakh from damage to the building.

A second complainant, Mohd. Zahid, said rioters had raised slogans in Hussain’s name.

Hussain has also been convicted in the murder case of Intelligence Bureau staffer Ankit Sharma and sentenced to life imprisonment.