2020 Delhi riots: Supreme Court refuses to stay criminal proceedings against ex-AAP councillor Tahir Hussain

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New Delhi, November 14

The Supreme Court on Monday dismissed former Aam Aadmi Party councillor Tahir Hussain’s petition seeking a stay on proceedings in connection with FIRs registered against him in the 2020 northeast Delhi riots.

A Bench led by Justice Ajay Rastogi refused to interfere with the September 16 order of the Delhi High Court, saying it was an interim order. The Bench, however, said all remedies were open to the petitioner.

Contending that it’s a settled legal position that there can’t be two FIRs for the same incident, senior advocate Maneka Guruswamy argued on behalf of Hussain that it has put the accused in a peculiar situation.

Charges were framed against him for identical offences arising out of the same incident and the same prosecution witnesses were relied upon by the police, she submitted.

Hussain – who has been in judicial custody since March 16, 2020 – has moved the top court challenging the Delhi High Court’s September 16 order.

The high court had issued notices on applications moved by Hussain for quashing the FIR registered against him for rioting and under sections of the Arms Act at the Khajuri Khas police station here, and the proceedings emanating from the FIR. While refusing to stay proceedings on a separate application moved by Hussain, the high court had posted the matter for hearing on January 25, the top court noted.