Delhi Riots: Delhi High Court quashes one of two FIRs against Tahir Hussain

The Delhi High Court recently quashed one of two first information reports (FIR) lodged against former Aam Aadmi Party (AAP) councillor Tahir Hussain in connection with the 2020 Delhi riots [Tahir Hussain V. State of NCT Delhi & Anr.].Justice Subramonium Prasad noted that two FIRs had been lodged with respect to the same incident by the same police station and that trial had begun in both cases.The first case, FIR No.101/2020, had been lodged by a constable of the Delhi Police two days before a second case, FIR No. 116/2020 was lodged on a complaint by one Tejveer from the same location.The Court proceeded to quash one FIR, with directions to treat its chargesheet as a supplementary chargesheet in the other FIR.“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 No.116/2020, who will have no remedy in law if FIR No.116/2020 is quashed,” the Court added..Accordingly, the Court quashed one FIR, namely FIR No. 116/2020 with a direction that the chargesheet in FIR No.116/2020 be treated as a supplementary charge-sheet in the remaining case, namely FIR No.101/2020.“A perusal of the material on record shows that there are about 9 common eye-witnesses in both the FIRs and 23 witnesses are common in both the FIRs and, therefore, no prejudice would be caused to the witnesses/victims if charge-sheet in FIR No.116/2020 is taken as a supplementary charge-sheet in FIR No.101/2020 and the trial can proceed accordingly,” the Court said..In both FIRs (one of which has now been quashed) Tahir Hussain stood accused of instigating rioters from the terrace of his residence near 'Pradeep's Parking' which was part of a building called Bharat Vatika, the terrace of which was being used to prepare food for a wedding. In the first FIR, a constable claimed that he witnessed Hussain and his associates pelting stones towards Pradeep's Parking, thereby disrupting the wedding preparations as well. A mob also allegedly broke the shutter to Pradeep's Parking and damaged nearby shops. The Court took note that all of this was reported from the ground floor of the premises.The second FIR was lodged on a complaint by the man whose niece's wedding preparations were underway at Bharat Vatika. He claimed that Hussain and his associates had hurled stones and petrol bombs at the building, and that some of them also come to the first floor of the building later to set fire and disrupt wedding preparations. The Court observed that this was a version of events that occurred on the first floor of the building, with respect to the same incident. .Advocates Tara Narula, Shivangi Sharma, Anirudh Ramanathan, Rishabh Bhati and Harshvardhan Jain appeared for Hussain.Special Public Prosecutor Madhukar Pandey with Advocate Aviral Bansal appeared for the State..[Read Order]