New Delhi. The Supreme Court has registered against former Aam Aadmi Party councilor Tahir Hussain in connection with the riots in North-East Delhi in 2020. On Monday refused to stay the proceedings regarding the FIR.
A bench of Justices Ajay Rastogi and C T Ravi Kumar said it is not inclined to interfere with the September 16 order of the Delhi High Court, as it is an interim order. Senior advocate Maneka Guruswamy, appearing for Hussain, argued that it is an established law that there cannot be two FIRs for the same incident. He said this has put Hussain in an awkward position as charges have been framed against him for similar offenses related to the same incident and the probe agency has relied on the same prosecution witnesses. Hussain had challenged the September 16 order of the Delhi High Court in the apex court.
The bench said that it is not inclined to interfere with the order of the High Court and all options are open to the petitioner. The top court said that the high court had issued notice on the petitions filed by Hussain on rioting and quashing of the FIR registered against him at Khajuri Khas police station under various sections of the Arms Act and proceedings arising out of the FIR. A ban was sought.
The Supreme Court said that the High Court has fixed January 25 for the next hearing of the matter. The court, while hearing another petition filed by Hussain, refused to stay the proceedings. It was said in this petition that different FIRs have been registered against them in the same offence. Hussain is in judicial custody since 16 March 2020. (Language)
