Delhi Riots: High Court Refuses To Stay Criminal Proceedings Against Tahir Hussain Over Registration Of Multiple FIRs

The Delhi High Court has refused to stay criminal proceedings against former Aam Aadmi Party councillor Tahir Hussain in the three FIRs registered against him in connection with 2020 riots.

The development came after Tahir Hussain moved High Court seeking quashing of three FIRs registered against him i.e. FIR 116/2020 registered at Khajuri Khas Police Station and FIRs 91 and 92/2020 registered at Dayalpur Police Station. The FIRs are registered under various provisions of Indian Penal Code and Arms Act.

In alternative, Hussain has prayed that the investigation in the three FIRs be clubbed with FIR 59/2020 registered under Indian Penal Code, Prevention of Damage to Public Property Act and stringent Unlawful Activities (Prevention) Act, which is being investigated by Delhi Police's special cell for probing a larger conspiracy into the riots.

During the course of hearing on August 16, Hussain also moved an application for stay of proceedings in the three FIRs in question on the ground that multiple FIRs were registered against him covering the same offences and facts arising from the same cause of action.

It was thus argued by his counsel that Hussain cannot be subjected to fresh investigation by the police in respect of the same incident as it will be an infringement of his right under Article 20(3) of the Constitution of India and judgments passed by the Supreme Court.

"The application shall be considered in the light of reply reflecting the factual position in the respective FIRS by the respondent/State. No directions for stay of criminal proceedings are passed, at this stage," Justice Anoop Kumar Mendiratta ordered.

While issuing notice on the pleas, the Court listed the matter for hearing on January 25, 2023.

Title: Tahir Hussain v. State & Anr.