The Delhi High Court Friday refused to stay criminal proceedings against former AAP councillor Tahir Hussain in connection with three FIRs registered against him pertaining to his involvement in the 2020 riots in Northeast Delhi.
The counsel for Hussain had preferred three petitions under Section 482 (Saving of inherent powers of High Court) of the Code of Criminal Procedure (CrPC) seeking quashing of three First Information Reports (FIRs) registered against him. Two of these FIRs were registered at the Dayalpur police station and the third at the Khajuri Khas police station under various provisions of the Indian Penal Code (IPC), including rioting and the Arms Act.
The petitioner also requested that in the alternative the investigation carried out in the FIRs registered at the Dayalpur police station be clubbed with the FIR registered under several sections of the IPC, Sections 25 and 27 of the Arms Act, Sections 13/16/17/18 Unlawful Activities (Prevention) Act, 1967 and Sections 3/4 Prevention of Damage to Public Property Act registered with the Crime Branch, Delhi.
Tahir’s counsel had also preferred an application for a stay of proceedings against multiple FIRs filed against him, urging that the petitioner cannot be subjected to fresh investigation by the police with respect to the same incident.
Justice Anoop Kumar Mendiratta before whom matters were listed observed, “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”.
The Delhi High Court issued notice on the petitions, directing the respondents to file a reply and listed the petitions on January 25, 2023.