In the three FIRS filed against him in connection with the 2020 riots, the Delhi High Court declined to halt the criminal proceedings against former Aam Aadmi Party councilor Tahir Hussain.
The change occurred as a result of Tahir Hussain petitioning the High Court to have three FIRS against him, 116/2020 filed at Khajuri Khas Police Station and 91, 92/2020 filed at Dayalpur Police Station, quashed. Under different sections of the Indian Penal Code and the Arms Act, the FIRS are registered.
As an alternative, Hussain has asked that the investigation into the three FIRS be combined with FIR 59/2020, which was filed in accordance with the Indian Penal Code, the Prevention of Damage to Public Property Act, and the stringent Unlawful Activities (Prevention) Act and is currently being looked into by the special cell of the Delhi Police in order to look into a larger conspiracy involving the riots.
In the course of the August 16 hearing, on the grounds that he was the subject of numerous FIRS covering the same offences and facts deriving from the same cause of action, Hussain also asked for a stay of proceedings in the three FIRS in the issue.
His attorney thus claimed that Hussain cannot be the subject of a new police inquiry into the same event because doing so would violate his rights under Article 20(3) of the Indian Constitution and decisions made by the Supreme Court.
“The application will be taken into account in light of the respondent’s or the State’s response reflecting the factual position in the relevant FIRS. At this time, no orders for the suspension of criminal proceedings have been made “Ordered by Justice Anoop Kumar Mendiratta.
The Court set a hearing date on January 25, 2024, while giving notice of the pleas.
