In a significant order addressing hate speech during the 2020 North East Delhi riots, a Delhi court has sentenced a man to three years’ imprisonment for promoting enmity and inciting communal hatred against Muslims. However, given that the convict had already spent over three years in judicial custody, the Court ordered his immediate release upon payment of a fine.
The case pertains to Lokesh Kumar Solanki, alias Rajput, who was found guilty under Sections 153A and 505 of the Indian Penal Code, which penalise promoting enmity between different religious groups and circulating rumours or statements likely to cause public mischief.
Delivering the sentencing order on July 8, 2025, Additional Sessions Judge Parveen Singh of the Karkardooma Courts said that Solanki had “added fuel to the already simmering tensions” in February 2020 by disseminating inflammatory messages aimed at stoking hatred and inciting violence against the Muslim community. These actions, the judge noted, were especially grave in the backdrop of communal riots then engulfing North East Delhi.
“The fact, that during the tense period of February 2020, the convict had added fuel to the already simmering tensions by spreading messages which were intended to promote enmity and hatred for Muslim community and induced the members of the group to commit crime against Muslim, calls for no leniency and makes the offence very serious in nature.” (Para 7)
Despite the seriousness of the offence, the court acknowledged that Solanki had already been incarcerated for over three years, the maximum sentence provided under the relevant sections. Consequently, the judge concluded that justice would be served by awarding the maximum sentence but ordering his release since no further imprisonment could legally be imposed.
“However, the fact remains that convict has already undergone the imprisonment of more than 03 years which is the maximum punishment which could be awarded for offences punishable u/s 153-A/ 505 IPC.” (Para 8)
Arguments raised
Prosecution sought maximum sentence: During the sentencing hearing, Special Public Prosecutor Saleem Ahmed urged the court to impose the maximum punishment under both provisions, citing the content of Solanki’s messages and their intended communal impact. He argued that Solanki’s conduct was calculated to disturb public order and warranted no clemency.
Defence pleads for compassion: Appearing for the convict, Advocate Nishant Kumar Tyagi highlighted Solanki’s youth, his family responsibilities, particularly his aged parents, and the fact that he had already spent more than three years behind bars awaiting trial and judgment. He requested that any sentence be ordered to run concurrently and that the court take into account the period of pre-conviction custody.
Order of the Court: Sentence imposed, fine levied
After hearing both sides, the Court sentenced Solanki as follows:
- Three years’ simple imprisonment under Section 153A IPC, along with a fine of ₹25,000. In default of payment, an additional six months’ simple imprisonment.
- Three years’ simple imprisonment under Section 505 IPC, along with another fine of ₹25,000. In default, six more months’ simple imprisonment.
The sentences will run concurrently, and the convict was granted the benefit of Section 428 CrPC, which allows set-off for time already spent in custody.
Since Solanki has already served more than the maximum prescribed period of imprisonment, the court ordered his release, subject to payment of the total fine of ₹50,000. The order notes that the fine has been paid.
Broader Context: A message on hate speech
This case is one of the few successful convictions in connection with incitement to violence during the 2020 Delhi riots, which left over 50 people dead and hundreds injured. The court’s strong words reaffirm that hate speech, particularly during periods of communal unrest, will not be treated as a benign offence.
At the same time, the order reflects the tension in India’s criminal justice system between protracted trial processes and the need for proportionate sentencing. Though the court recognised the gravity of Solanki’s offence, it was legally constrained from ordering any further imprisonment.
The order of the Delhi Court may be read here.
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