The Top Court rejected the stay of the criminal charges against former local councillors of Delhi Tahir Hussain in the first incident report filed against the councillor in relation with the northeastern Delhi riots during 2020.
Two judge bench composed of justices Ajay Rastogi and CT Ravi Kumar delivered that it isn’t learned to look at the 16thSeptember judgement of the Delhi HC as it is an interim order.
Advocate on record Maneka Guruswamy, representing the councillor, delivered that it is a finished law that there can’t be two first incident reports on the same matter in any court.
She said that it has kept Hussain in a critical condition that cases are filed against councillor for the same crimes arising out of the same issues, and the same evidences are moved upon by the agency which is looking at this matter.
Councillor went to the apex court appealing the Delhi HC’s 16th September judgement.
The court strongly stressed that it isn’t leaned to look into the matter with the order of Delhi High court and all steps are free to the councillor.
It delivered that the Delhi HC had kept orders on the files went by Hussain for striking out the First against report filed against him for creating ruckus in society and under sections of the Arms Act at the Delhi’s police station, and the matters missing from the FIR.
The apex court further noted that the Delhi high court has kept the case for next hearing on 25th January while rejecting to stay files on a different proceedings went upon by councillor noting two first incident reports have been kept for the similar. Councillor has been in jail since 16th March, 2020.