NEW DELHI: The Supreme Court on Monday refused to stay proceedings against former Aam Aadmi Party councillor Tahir Hussain in FIRs registered against him in connection with the 2020 northeast Delhi riots.
A bench of justices Ajay Rastogi and CT 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.
Court also turned down Senior Advocate Maneka Guruswamy’s request for directing the HC to consider Hussain’s plea expeditiously.
Senior advocate Maneka Guruswamy, appearing for Hussain, said it is settled law that there cannot be two FIRs for the same incident.
She said it has put Hussain in a peculiar situation that charges are framed against him for identical offences arising out of the same incident, and the same prosecution witnesses are relied upon by the investigating agency.
Hussain’s counsel had told the court that criminal law doesn’t permit registration of subsequent FIR on the same offence and accused could not be subjected to fresh investigation for the same offence.
While refusing to stay proceedings in the FIRs which were registered against Hussain at Khajuri Khas Police Station and Dayalpur Police Station, a bench of Justice Anoop Kumar Mendiratta had said, “No directions for a stay of criminal proceedings are passed, at this stage.”
HC judge had thus posted Hussain’s plea wherein he had also sought clubbing of two FIRs registered at Dayalpur police station with a third FIR registered under the Unlawful Activities (Prevention) Act by Special Cell of Delhi Police in the Delhi riots larger conspiracy case.
In his application before the HC, he had contended that the police subjecting him to fresh investigation in respect of the same incident was violative of Article 20(3) of the Constitution. Article 20(3) of the Constitution states that “No person accused of any offence shall be compelled to be a witness against himself.”
Hussain has moved the top court challenging the Delhi High Court's September 16 order. Hussain has been in judicial custody since March 16, 2020.
(With inputs from PTI)