‘Hand That Guides Is Guilty’: Tahir Hussain Gets 2 Years for 2020 Riots
A Delhi court sentences former AAP councillor Tahir Hussain to 2 years in prison for abetting the 2020 Northeast Delhi riots.
In a stinging observation regarding the responsibility of public representatives, a Delhi court has sentenced former AAP councillor Tahir Hussain to two years of rigorous imprisonment. The sentencing comes in a case linked to the February 2020 Northeast Delhi riots, with the court emphasizing that those who orchestrate or facilitate violence are as culpable as those who physically commit the acts.
The Court's Verdict: Guidance Equals Guilt
Additional Sessions Judge Parveen Singh of Karkardooma Courts delivered the judgment on October 16, stating, “the hand that guides is as guilty, if not more, as the hand that acts.” Along with the prison term, the court imposed a fine of Rs 10,000 on Hussain.
The court highlighted that Hussain’s role as an elected public representative was a significant aggravating factor. Rather than acting as a stabilizing force to maintain peace and harmony during a communally charged atmosphere, the court found that he used his position and property to facilitate violence.
The House as an 'Epicentre' of Violence
Central to the conviction was the use of Hussain's residence. The court observed that his house, which served as the highest point in the locality, was provided as a vantage point for rioters. From this location, attackers were able to target members of the public and destroy property in the Khajuri Khas and Karawal Nagar Road areas.
The judge noted that a position of power, which should have been used to prevent the outbreak of violence, was instead utilized to facilitate it. Consequently, the court ruled that the sentence must reflect the gravity of the offence to serve as a deterrent.
Prosecution vs. Defence
The prosecution pushed for the maximum possible punishment, arguing that Hussain was a repeat offender due to his conviction in another riot-related case. They maintained that his home acted as the epicentre of the unrest in the region.
In contrast, Hussain’s legal counsel sought leniency based on the following arguments:
- Hussain did not physically participate in the rioting mob.
- No specific "overt act" of violence was established against him.
- The rioters had allegedly occupied his house by force.
- Hussain had reportedly made PCR calls during the incident to report the situation.
Rejecting the Plea of Helplessness
The court dismissed these arguments, stating that a lack of physical participation in the mob does not diminish the gravity of abetment. Judge Parveen Singh observed that the failure to prove active participation does not dilute the seriousness of Hussain's conduct.
Furthermore, the court rejected the claim that Hussain was helpless. The judge pointed out that Hussain failed to produce evidence of the alleged PCR calls. Most tellingly, the court noted that Hussain had never lodged a formal complaint against any person for the alleged forcible occupation of his house, which cast doubt on his claims of being a victim of circumstance.
Tahir Hussain had been convicted on October 10 under Section 147 read with Section 109 of the Indian Penal Code, which deal with rioting and abetment. The sentencing pertains to FIR No. 120/2020, registered at the Dayalpur police station.