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Delhi HC refuses to stay criminal proceedings against former AAP Councillor Tahir Hussain in connection with Delhi Riots 2020

Hussain had filed an application seeking a stay of proceedings in FIRs against him in connection with the north-east Delhi riots, alleging that multiple FIRs have been filed for the same offences and facts arising from the same cause of action. However, the court refused to stay the proceedings.

The Delhi High Court has refused to stay criminal proceedings against Tahir Hussain, one of the prime accused of the horrifying riots that took place in the national capital in 2020.

Hussain had filed an application seeking a stay of proceedings in FIRs against him in connection with the north-east Delhi riots, alleging that multiple FIRs have been filed for the same offences and facts arising from the same cause of action.

The accused pleaded for clubbing of FIRs lodged under Sections 109, 114, 109, 114, 147, 148, 149, 153A, 323, 392, 395, 427, 436, 454, 505, 120B, 32 of the Indian Penal Code (IPC) and Sections 25, 27 of the Arms Act, all registered in Khajuri Khas police station.

Leaning on the Supreme Court’s judgments, Hussain argued that he should not be subjected to a fresh police investigation in the same incident as it would amount to a violation of his rights under Article 20(3) of the Indian Constitution which says, “No person accused of any offence shall be compelled to be a witness against himself.”

However, the court of Justice Anoop Kumar Mendiratta rejected his application saying, “No directions for a stay of criminal proceedings are passed, at this stage.”

The court listed the matter to be heard for January 25, 2023.

On Friday (May 6) this year, a Delhi court framed charges against former AAP councillor Tahir Hussain in connection to the Delhi Anti-Hindu riots of 2020. 

The Court observed that Tahir Hussain was an active participant in the riots and not a mute spectator. It was hearing a petition filed by a man named Karan, whose godown was gutted by a frenzied mob led by Tahir Hussain in the Khajuri Khas in the Chand Bagh area of Delhi. 

The Court stated that Hussain and 5 others, namely, Shoaib, Gulfam, Javed, Firoz and Anas had an agreement to engage in arson and vandalism of properties belonging to the Hindu community. As such, the former AAP councillor had made ‘elaborate preparations’ to ensure that his plans became a reality.

Role of Tahir Hussain in Delhi riots

It is notable to mention that Tahir Hussain had earlier confessed in a disclosure statement that he chose his own house as a launchpad for the riots. Given that his house was a high-rise building and was under construction at that time, it was easy to collect stones and bricks without raising any suspicion. 

He confessed that he and his co-conspirators had started collecting stones, bricks and other ammunition, well in advance so that they could teach those, who were in support of the CAA, a lesson when the time was right. To that end, 2-3 days before the riots broke out, he had also got his licensed pistol released from the police station.

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OpIndia Staff
OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

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