The Delhi High Court quashed an FIR against former AAP councillor Tahir Hussain concerning the February 2020 northeast Delhi violence, emphasizing that a prior FIR covered the same incident. The court ruled that the quashed FIR’s chargesheet would be treated as supplementary to the earlier one, ensuring a unified judicial process while addressing victims’ rights and preventing duplication.
New Delhi: In a significant ruling, the Delhi High Court quashed an FIR against former AAP councillor Tahir Hussain related to the February 2020 northeast Delhi violence, citing the existence of a prior FIR for the same incident. Justice Subramonium Prasad observed that the chargesheet from the quashed FIR would now be treated as a supplementary chargesheet in the earlier case, ensuring justice without duplicating proceedings.
The quashed FIR, registered on February 27, 2020, was based on a complaint alleging rioting and damage to property on the first floor of a building. This complaint stemmed from events on February 24, 2020, during the violent clashes that left 53 dead and hundreds injured.
However, an earlier FIR, registered on February 25, 2020, covered similar offences on the ground floor of the same building, reported by a policeman.
The court noted:
“A perusal of the two FIRs shows 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… both the incidents are a part of the same incident.”
While quashing the second FIR (FIR 116/2020), the court took a cautious approach, noting that victims in both cases were different. Fully quashing the subsequent FIR without consolidation could result in “injustice to the victims in FIR 116/2020, who will have no remedy in law.”
The court pointed out that there were nine common eyewitnesses and 23 other common witnesses between the two FIRs. Consequently, it directed that the chargesheet in FIR 116/2020 be treated as a supplementary chargesheet under the earlier FIR 101/2020.
“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,”
the court stated, allowing the trial to proceed seamlessly under a unified case framework.
The February 2020 northeast Delhi violence marked one of the most disturbing outbreaks of communal clashes in recent years. The violence resulted in significant loss of life, injuries, and property damage. Tahir Hussain, accused of involvement, was represented in court by advocate Tara Narula.
This ruling ensures efficiency in the judicial process while maintaining fairness for the victims, emphasizing the need for meticulous handling of cases involving complex incidents.
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