2020 Delhi riots: SC refuses to stay criminal proceedings against ex-AAP councillor Tahir Hussain

Suspended AAP councillor Tahir Hussain | File Photo
| Photo Credit: PTI

The Supreme Court on Monday refused to entertain a plea by Aam Aadmi Party councillor Mohammed Tahir Hussain challenging the Delhi High Court’s decision to not stay proceedings in multiple FIRs registered against him in relation to the 2020 Delhi riots.

A Bench led by Justice Ajay Rastogi was not impressed by the submissions of Mr. Hussain’s lawyer, senior advocate Menaka Guruswamy, who argued that fresh FIRs have been filed on the same offence. Such multiple proceedings based on the same incident would be an infringement of his right against self-incrimination.

The Bench said the issue was sub judice in the High Court and there was no reason to interfere at this stage. The High Court had refused to stay proceedings on the fresh FIRs in mid-September.

Mr. Hussain, in his applications before the High Court, had sought the clubbing of two FIRs registered at Dayalpur police station with a third FIR registered under the stringent anti-terror law — Unlawful Activities (Prevention) Act — by Delhi Police’s Special Cell in the Delhi riots larger conspiracy case.

On May 15 last year, a trial court here denied bail to Mr. Hussain in connection with the FIRs noting that it was “prima facie apparent that the applicant (Mr. Hussain) abused his muscle power and political clout to foment communal violence in the area”.

Mr. Hussain has been in judicial custody since March 16, 2020.