A Delhi court on Saturday convicted former Aam Aadmi Party (AAP) councillor Tahir Hussain of abetment to rioting in a case stemming from the 2020 northeast Delhi riots, while acquitting all 12 other accused of every charge they faced. Additional Sessions Judge Praveen Singh of the Karkardooma Court held Hussain guilty under Section 147 (rioting) read with Section 109 (abetment) of the Indian Penal Code, but cleared him of other offences including damage to property, arson, and criminal conspiracy.

The court has listed the matter for arguments on the quantum of sentence on November 16, and its detailed order remains awaited.

Conviction for Abetment, Acquittal for Others

The case, registered as FIR No. 120 of 2020 at Dayalpur police station, was based on a complaint by Irshad Ali, who alleged that his shop was looted and set ablaze on February 24, 2020, during the communal violence that swept northeast Delhi. Ali claimed losses of approximately ₹17–18 lakh in stolen goods and another ₹10 lakh in property damage. A second complainant, Mohd Zahid, told investigators that members of the rioting mob had raised slogans in support of Tahir Hussain.

All 13 accused—Hussain, Mohammad Shadab, Shah Alam, Riyasat Ali, Gulfam, Rashid, Mohammad Rihan, Mohammad Abid, Arshad Qayyum, Irshad Ahmed, Deepak Singh Saini, Navneet, and Mehak Singh—were originally charged with rioting, causing damage by fire, mischief, and criminal conspiracy. The court, however, found insufficient evidence to convict the 12 co-accused, acquitting them of all counts. Hussain was convicted on just the two abetment-related charges.

Court’s Finding: Building Used as Vantage Point

In its 53-page judgment, the court held that the prosecution had proved beyond reasonable doubt that on the afternoon of February 24, 2020, a mob gathered on the terrace of Hussain’s house located on Main Karawal Nagar Road and used the height to pelt stones at passers-by and nearby properties. “Hussain allowed the mob to use his building as a vantage point from which it committed a riot and pelted stones upon the public and properties,” the court observed.

The court relied on the testimonies of four public witnesses who deposed that a large crowd had gathered outside Hussain’s house and a mob on its terrace was pelting stones. Significantly, none of these witnesses placed Hussain among the rioters, which the court said indicated they bore no malice or bias against him. The court also noted that when the allegations were put to Hussain during his statement, he did not deny that a rioting mob was present on his terrace.

Hussain had claimed that the mob forcibly entered his house and he could not stop it. He also said he made several calls to the police control room to intervene, and that he was unaware of the stone pelting from his terrace. The court rejected this defence, observing that the evidence did not support his version.

Second Conviction for Hussain in Delhi Riots

This is not the first conviction Hussain has faced in connection with the February 2020 riots. In July, a Delhi court convicted him and four others in a case concerning the killing of Intelligence Bureau officer Ankit Sharma during the violence. That case, also registered at Dayalpur police station on a complaint by Sharma’s father, resulted in a life sentence for Hussain. He was suspended by the AAP after his name emerged in that case.

The 2020 northeast Delhi riots claimed 53 lives, left hundreds injured, and caused extensive property damage. The violence erupted following clashes over the Citizenship Amendment Act and the National Register of Citizens, leading to widespread unrest in areas including Dayalpur, Karawal Nagar, and Chand Bagh.

What Happens Next

With Hussain convicted of abetment to rioting, the court will hear arguments on sentencing on November 16. The prosecution is expected to seek a stringent punishment, while the defence may plead for leniency citing Hussain’s clean record and lack of direct involvement in the violence. The court’s detailed judgment, providing the reasons for both the conviction and the acquittals, is expected to be released in the coming days.

The case represents a significant development in the legal aftermath of the 2020 Delhi riots, with Tahir Hussain now facing multiple convictions. Meanwhile, the 12 co-accused, whose names had remained in public attention for over three years, have been fully exonerated, highlighting the court’s careful evaluation of evidence in a highly charged atmosphere. The legal community will closely watch the sentencing hearing and the eventual detailed order for further insights into the court’s reasoning.