New Delhi, 14 November 2022: Supreme court has rejected the Delhi riots’ accused, Tahir Hussain’s plea against the Delhi High Court’s denial to stop the criminal proceedings against him in the FIRs filed in connection with the 2020 riots.
The court ordered that when the matter is pending before the HC, the Supreme Court panel declared it will not intervene.
The senior attorney Menaka Guruswamy, who represented Hussain, was told to go to the Delhi High Court by the judges Ajay Rastogi and CT Ravikumar.
“Return to the High Court and influence it. It issued a temporary directive. Your doors are not locked. We don’t appreciate all that has been before us,” the Supreme Court stated.
In numerous incidents connected to the North-East Delhi Riots in 2020, Hussain has multiple FIRs filed against him. The court heard testimony from attorney Guruswamy that Hussain is the subject of three FIRs for the same incident.
She noted that Hussain has been placed in an odd situation because charges have been brought against him for the same offences stemming from the same incident, and the investigative agency has relied on the same prosecution witnesses.
Hussain and others have been accused of rioting, possessing a deadly weapon during an unlawful assembly, engaging in conduct that promotes animosity between groups based on religion and acting in a way that undermines the maintenance of harmony, making statements that encourage public disorder, attempting to commit murder, engaging in a criminal conspiracy, as well as offences under the Arms Act.
Hussain had asked the High Court to combine two FIRs filed at the Dayalpur police station with a third FIR filed in accordance with the Unlawful Activities (Prevention) Act.
He claimed that a new police investigation into the same incident would violate his rights under Article 20(3) of the Indian Constitution, which states that “no person accused of any wrongdoing should be compelled to be a witness against oneself.”
When the court heard the plea on September 16, it did not, however, order a halt to the proceedings. The petitions will also be heard by the HC on January 25, 2023, together with three other related cases.
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