In a setback to former Aam Aadmi Party councillor Tahir Hussain, the Supreme Court on Monday dismissed the special leave petition challenging the Delhi High Court’s order which refused to stay criminal proceedings against him in connection with the three FIRs levelled against him over his alleged role in the 2020 North East Delhi riots.
Dismissing the SLP filed by Hussain on September 16, soon after the Delhi HC order, the division bench of Justices Ajay Rastogi and CI Ravikumar ruled that the matter is “sub-judice before the High Court” and found no reason to interfere in the proceedings, reported Live Law.
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Arguing on behalf of Hussain, senior counsel Menaka Guruswamy stated that under criminal law, separate FIRs cannot be filed on the same offence, adding that a new probe on Hussain based on the same event was not maintainable in accordance to the Code of Criminal procedure, citing previous Supreme Court judgements as well.
The Supreme Court stated that the Delhi High Court’s order was interim, stating that the top court didn’t appreciate the fact that the petitioners approached the SC when the matter was still sub-judice. The SC even disagreed to direct the HC to act immediately on the matter.
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In its latest notice, the HC asked the respondents to submit their reply and listed the matter for hearing on January 25, 2023. In another case, a Delhi court framed money-laundering charges under several provisions of the Prevention of Money Laundering Act against the former AAP councillor in connection with the 2020 Delhi riots based on Enforcement Directorate’s complaint and witness testimonies.