The Delhi High Court recently quashed one of the two FIRs filed against former Aam Aadmi Party (AAP) councillor Tahir Hussain in connection with the 2020 Delhi riots, in the case Tahir Hussain v. State of NCT Delhi & Anr.
Justice Subramonium Prasad ruled that both FIRs were registered for the same incident by the same police station, and that trial proceedings had already begun in both cases. FIR No. 101/2020 was filed by a Delhi Police constable, while FIR No. 116/2020 was lodged two days later based on a complaint by Tejveer, a resident from the same area.
The Court observed that while two FIRs were filed, they involved identical facts, with overlapping witnesses and events. The Court quashed FIR No. 116/2020, directing that its chargesheet be treated as a supplementary chargesheet in FIR No. 101/2020. This decision ensured that the victims in FIR No. 116/2020 were not left without legal recourse and that the trial would proceed fairly.
The Court noted that there were approximately 9 common eyewitnesses and 23 common witnesses across both FIRs, meaning there would be no prejudice to the witnesses or victims if the chargesheet in FIR No. 116/2020 were included in FIR No. 101/2020. This approach, according to the Court, would allow for the trial to continue without any legal hindrances or delay.
Both FIRs accused Hussain of inciting rioters from the terrace of his residence in Bharat Vatika, which was being used for a wedding. According to the first FIR, a constable had witnessed Hussain and his associates throwing stones toward Pradeep’s Parking, damaging nearby shops, and disrupting the wedding. The second FIR, filed by Tejveer, claimed that Hussain and his associates threw stones and petrol bombs at the building and later set fire to the first floor of the building, causing further damage to the wedding preparations.
Advocates Tara Narula, Shivangi Sharma, Anirudh Ramanathan, Rishabh Bhati, and Harshvardhan Jain appeared on behalf of Hussain, while Special Public Prosecutor Madhukar Pandey, along with Advocate Aviral Bansal, represented the State.
