New Delhi [India]: The Delhi High Court has dismissed an FIR against former Aam Aadmi Party (AAP) Councillor Tahir Hussain in connection with the 2020 North-East Delhi riots, citing the existence of a similar case against him.
Justice Subramonium Prasad, delivering the judgment, directed that the charge sheet filed under FIR No. 116/2020 be treated as a supplementary charge sheet to FIR No. 101/2020. The court based its decision on legal principles established by the Supreme Court, ensuring that the trial would proceed under a consolidated framework.
Court’s Observations
The court noted that both FIRs share significant overlaps, including nine common eyewitnesses and a total of 23 witnesses. It concluded that merging the two cases into one trial would not prejudice the witnesses or victims.
“It is appropriate to direct that the charge sheet in FIR No. 116/2020 be treated as a supplementary charge sheet in FIR No. 101/2020,” the court said.
Petitioner’s Argument
Hussain argued that the incidents mentioned in both FIRs occurred simultaneously within the same building—one on the ground floor and the other on the first floor. He contended that the incidents were part of the same transaction and registering two FIRs for them was contrary to Supreme Court guidelines.
The court agreed with this reasoning, leading to the dismissal of the second FIR.
Background
The 2020 North-East Delhi riots were among the most violent communal clashes in recent years, resulting in multiple deaths and widespread property damage. Tahir Hussain has faced several legal challenges for his alleged involvement in the riots, including charges of inciting violence and conspiracy.
The High Court’s decision aims to streamline judicial proceedings while ensuring adherence to legal norms.