[North-East Delhi Riots 2020] Delhi High Court refuses to stay proceedings against former AAP Councilor Tahir Hussain

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Former AAP Councilor Mohd. Tahir Hussain argued that filing a fresh police investigation in the same incident would violate his rights under Article 20(3) of the Indian Constitution.

The Delhi High Court recently refused to stay criminal proceedings against the former Aam Aadmi Party (AAP) Councillor, Mohd. Tahir Hussain, in connection with the north-east Delhi riots 2020.

Justice Anoop Kumar Mendiratta was hearing an application, filed by Mohd. Tahir Hussain for 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.

Hussain sought directions for clubbing of FIRs registered under Sections 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.

Hussain in his application relied on the Apex Court judgments and argued, that he should not be subjected to a fresh police investigation into the same incident, as it would be a violation of his rights under Article 20(3) of the Indian Constitution which states, ‘No person accused of any offence shall be compelled to be a witness against himself’.

Justice Mendiratta stated, “No directions for a stay of criminal proceedings are passed, at this stage.”

Accordingly, the court listed the matter for January 25, 2023.

Case Title: Mohd. Tahir Hussain v. State of NCT Delhi & Anr.