On Monday, the Delhi High Court dismissed a Special Leave Petition filed by Aam Aadmi Party councilor Mohammed Tahir Hussain challenging the Delhi High Court's order refusing to stay proceedings in three FIRs filed against him in connection with the 2020 Delhi riots. A bench of Justices Ajay Rastogi and CT Ravikumar stated that they were unwilling to intervene because the matter is before the High Court. "Go back to the High Court and persuade it. It made an interim order….Your doors are not closed. We do not appreciate everything coming before us, the questions are open."

Hussain's SLP was filed on September 16, this year, after the Delhi High Court refused to stay the proceedings.

During the hearing, Hussain's lawyer, Senior Advocate Menaka Guruswamy, argued that the criminal code prohibits the filing of multiple First Information Reports (FIRs) on the same offense. She also argued that the accused should not be subjected to a new investigation into the same incident. According to the Code of Criminal Procedure and Supreme Court decisions, Guruswamy argued, this was not tenable. As the hearing concluded, the bench also declined to direct the Delhi High Court to resolve the matter expeditiously, as requested by the senior counsel.

Case Title: Mohd. Tahir Hussain (In J.C.) Sylona Mohapatra versus State Of NCT of Delhi And Anr

Citation: SLP(Crl) No. 10391/2022 Ii-C