Former AAP councilor Tahir Hussain has been granted bail by the Delhi High Court in a case related to the 2020 Delhi riots. However, despite the bail being granted, he will continue to remain in jail, said the court.
Hussain had approached the Delhi High Court, seeking to quash an FIR registered against him for the offence of rioting during the communal violence that erupted here in February 2020.
Hussain’s counsel contended that trial was yet to start in the present case and that there is already another FIR in relation to the same alleged incidents.
The judge orally observed that there was a difference between the two cases, both registered in 2020. While the present FIR pertained to allegations of rioting, the other FIR involved section 302 (murder) of Indian Penal Code, he noted.
Advocate Tara Narula, appearing for Hussain, submitted that the other FIR was “broader” and would encompass the present FIR as well and that there was no “limitation” period within which one has to file a petition for quashing of an FIR.
“The incident alleged in both the FIRs is rioting on February 25, 2020, between 4pm to 5 pm and that I was instigating and my roof was used for petrol bombs. Place of (incident in) both FIRs is also same,” she said in the petition submitted.
The plea stated that the present FIR was registered on February 28, 2020, and alleged burning of shops, while the other FIR over allegations of murder of Intelligence Bureau staffer Ankit Sharma had already been registered on Februray 26, 2020, in relation to events that happened in close proximity of the Chand Bagh Pulia area.
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