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. Senior advocate Maneka Guruswamy, appearing for Hussain, said it is a 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 has moved the top court challenging the Delhi High Court’s September 16 order.
The bench said it is not inclined to interfere with the high court order and all remedies are open to the petitioner.
It noted that the high court had issued notices on the 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, and the proceedings emanating from the FIR.
The top court said that the high court has posted the matter for further hearing on January 25 while refusing to stay proceedings on a separate application moved by Hussain saying multiple FIRs have been lodged for the same.
Hussain has been in judicial custody since March 16, 2020.
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