The Supreme Court on Monday dismissed a plea challenging a Delhi High Court order that refused to stay criminal proceedings against former Aam Aadmi Party councillor Tahir Hussain in 2020 Delhi riots cases, reported The Indian Express.
Communal clashes had broken out between supporters of the Citizenship Amendment Act and those opposing it between February 23, 2020, and 26, 2020, in North East Delhi. The violence had claimed 53 lives and hundreds were injured. The majority of those killed were Muslims.
On September 16, the High Court refused to stay criminal proceedings against Hussain in connection with the three first information reports registered against him in the 2020 riots case, reported Live Law. Hussain had argued in his petition to the High Court that the investigation in the three FIRs be clubbed together.
Hussain has been booked under various charges, including the Unlawful Activities Prevention Act, and Prevention of Damage to Public Property Act.
A bench of Justices Ajay Rastogi and CT Ravikumar on Monday dismissed Hussain’s plea saying that there was no reason for the Supreme Court to interfere at this stage when the matter is sub-judice before the High Court.
Senior Advocate Menaka Guruswamy, appearing for Hussain, told the court that criminal law does not permit registration of subsequent FIRs on the same offence, reported Live Law.
She argued said that the accused persons cannot be subjected to fresh investigation with regard to the same incident.
The division bench of the Supreme Court also refused to direct the Delhi High Court to decide the matter expeditiously, as requested by Hussain.
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