Former AAP councillor Tahir Hussain was convicted of abetment to rioting in a 2020 northeast Delhi riots case, while his 12 co-accused were acquitted of all charges

A Delhi court on Saturday acquitted twelve men accused of rioting, damage to property, mischief by fire and criminal conspiracy in a case arising out of the February 2020 northeast Delhi riots in the Dayalpur area, while holding the thirteenth accused, former Aam Aadmi Party (AAP) councillor Tahir Hussain, guilty of abetment to rioting.

Additional Sessions Judge (ASJ) Praveen Singh of Karkardooma Court convicted Hussain under Section 147 (punishment for rioting) read with Section 109 (abetment) of the Indian Penal Code (IPC). The court acquitted him of the other charges he faced.

Besides Hussain, the accused were Mohammad Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid, Mohammad Rihan, Mohammad Abid, Arshad Qayyum, Irshad Ahmed, Deepak Singh Saini, Navneet and Mehak Singh.

All thirteen had been charged with rioting, causing damage to property, mischief by fire and criminal conspiracy, among other offences. The court acquitted each of the twelve co-accused of all charges.

Arguments on Quantum of Sentence Listed for November 16; Detailed Order Awaited

The court listed the matter for arguments on the quantum of sentence against Hussain on November 16. The detailed order is awaited, and the reasons for the conviction and the acquittals are therefore not yet known.

Second Riots Conviction for Hussain After July Verdict in Ankit Sharma Killing Case

This is not the first conviction Hussain has faced in connection with the riots. In July, a Delhi court convicted him and four others in the case concerning the killing of Intelligence Bureau officer Ankit Sharma during the violence. That case arose from an FIR registered at Dayalpur police station on a complaint by Sharma’s father, Ravinder Kumar. Hussain was suspended by the AAP after his name surfaced in that case.

The riots that broke out in northeast Delhi in February 2020 left 53 people dead, injured several others, and caused extensive property damage.

The court held that the prosecution had proved its case beyond reasonable doubt against Hussain for offences punishable under Sections 188, 153A read with 149, 147 read with 149, 148 read with 149, 365 read with 149, and 302 read with 149 of the Indian Penal Code (IPC).

Hussain was, however, acquitted of charges under Sections 120B, 505, 109 and 114 IPC.

The remaining convicts, Nazim, Kasim and Anas, were also convicted for offences including murder, kidnapping, rioting, promoting enmity and unlawful assembly. They too were acquitted of the criminal conspiracy charge under Section 120B IPC, while Nazim was additionally acquitted of offences under the Arms Act.

According to the judgment, forensic investigators who inspected Hussain's building in Khajuri Khas on February 28, 2020, recovered stones, bricks, a catapult, petrol bombs, glass bottles stuffed with cloth, bullets and burnt articles from the terrace and surrounding area. The court observed that the building was allegedly used by rioters for stone-pelting and hurling petrol and acid bombs during the communal violence.

The judgment further recorded that eyewitnesses identified Hussain and several co-accused as participants in the violence. Witness Vikalp Kochar specifically identified Tahir Hussain and co-accused Anas as being involved in the murder of Ankit Sharma, while other witnesses identified several accused persons allegedly involved in rioting and arson at Hussain's instigation.

Background of the Ankit Sharma murder case

The case pertains to a FIR registered at Dayalpur Police Station on the basis of the complaint made by Ankit Sharma’s father, Ravinder Kumar. He alleged that on February 25, 2020, his son, who was posted in the Intelligence Bureau (IB), had come back from the office and gone out, and did not return after a long time.

The complainant father came to know from local boys that his son Ankit Sharma had been “thrown” into Khajuri Khas “nala” (drain) from the masjid in Chand Bagh pulia after “he was killed.” His body was recovered from the nala. The deceased’s father, in his complaint, had raised strong suspicion that his son Ankit Sharma had been killed by Tahir Hussain and others, who had gathered in his office, and that after killing his son, his body was thrown into the nala from the masjid.

On March 24, 2023, the trial court framed charges against Hussain and ten co-accused, namely Haseen alias Mullaji alias Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam alias Bobby, and Muntajim alias Musa.

ASJ Pulastya Pramachala framed charges against Hussain and ten others, namely, Haseen @ Mullaji @ Salman, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam @ Bobby, and Muntajim @ Musa. All the accused persons have been charged under Sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence), and 302 (murder) read with 120B (criminal conspiracy) of the Indian Penal Code (IPC).

Hussain has also been charged under Sections 109 (abetment), 114 (abettor present when offence is committed), and 505 (statements conducing to public mischief) of the IPC. In its order, Additional Sessions Judge Pulastya Pramachala observed, “He (Hussain) instigated the mob when Ankit came forward towards this mob. The conspiracy need not be specific to kill Ankit. When the accused persons were acting in pursuance to a conspiracy and common object to kill Hindus, it covered killing of Ankit as well for the reasons that Ankit was killed because he was a Hindu.”

Violence broke out in Northeast Delhi in 2020 during protests against the Citizenship Amendment Act, which followed widespread clashes between the supporters and opponents of the Act. Several incidents of stone-pelting, arson, and violent protests were reported, which had left nearly 53 dead and injured thousands.

Bench: Additional Sessions Judge (ASJ) Praveen Singh

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