Delhi HC junks overlapping FIR against ex-councillor Tahir Hussain

The Delhi High Court has quashed an FIR against former AAP councillor Tahir Hussain in a case stemming from the February 2020 northeast violence observing the existence of a similar case against him.

Justice Subramonium Prasad observed the existence of a prior FIR registered for the same incident that took place on February 24, 2020, and said the chargesheet filed by the Delhi police in the present FIR would be treated as a supplementary chargesheet in the first case.

While the quashed FIR was registered on February 27, 2020 on a complaint by the aggrieved party for the alleged commission of offences, including rioting and mischief on the first floor of a building, under the IPC and Prevention of Damage to Public Property Act, the first FIR was registered on February 25, 2020 on the basis of a complaint by a policeman for similar offences on the ground floor.

“A perusal of the two FIRs show that the rioters first broke open the shutters of Pradeep Parking and set fire to the vehicles parked there and then they went to the first floor of the building in question where food was being prepared for the marriage ceremony. It is stated that the rioters set fire to the goods and destroyed the items which were present on the first floor of the building in question… both the incidents are a part of the same incident,” the court said on November 26.

The court, however, noted the trial had begun in both the cases and since victims in both the cases were different, completely quashing the subsequent FIR would cause injustice to the victims in the case.

The court therefore said there were about nine common eye-witnesses in both the FIRs and 23 witnesses were also common in both the FIRs and, no prejudice would be caused to them if the chargesheet in the subsequent FIR was directed to be considered in the first FIR and the trial could proceed accordingly.

“The mistake of the prosecution in filing two FIRs for an incident which has occurred in the same building cannot result in injustice to the victims in FIR 116/2020, who will have no remedy in law if FIR 116/2020 is quashed,” the court stated.

“In view of the above, this court is inclined to quash FIR 116/2020, dated February 27, 2020, registered at Police Station Khajuri Khas, with a direction that the chargesheet in FIR 116/2020 be treated as a supplementary chargesheet in FIR 101/2020,” ordered the court.

Violence broke out in northeast Delhi on February 24, 2020, leaving at least 53 people dead and around 700 injured.

Hussain was represented by advocate Tara Narula.