New Delhi: Holding that a leader is expected to act as a “restraining influence” in a communally charged environment, a court Friday sentenced former councillor Tahir Hussain to two years of rigorous imprisonment for abetment of rioting in a case linked to the 2020 northeast Delhi riots.Additional sessions judge Parveen Singh also imposed a fine of Rs 10,000, holding that Hussain had abetted the riots by providing his house, the highest point in the locality, as a vantage point from where rioters could attack people and damage property.Rejecting the defence argument that Hussain had not physically participated in the rioting mob, the court said it did not 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.The defence also claimed Hussain had been helpless when rioters allegedly occupied his house. The court rejected this claim, noting that the claimed PCR calls were not proved through evidence. It further noted that this was Hussain’s second conviction in connection with the riots, treating it as an aggravating circumstance.The court observed, “In 2020, the convict was an elected people’s representative. Meaning thereby, he was a leader of the people, whose words and actions would have had significant weight.” It added, “By virtue of his position, in a communally charged environment, he had a responsibility to act towards maintenance of peace and harmony.” The court said Hussain’s conduct warranted a sentence reflecting its gravity and serving as a deterrent.
