Tahir Hussain, a former councillor for the AAP, filed a petition with the Delhi High Court on Monday to have a FIR filed against him for engaging in rioting in this city in February 2020 dismissed.
Hussain’s attorney argued that the trial in the current case has not yet begun and that a different FIR has already been filed in connection with the same alleged incidents.
Due to the absence of the Delhi Police attorney, Justice Vikas Mahajan scheduled the case for hearing on May 25.
The two instances, both of which were registered in 2020, differed, the court said orally. He pointed out that while the other FIR covered section 302 (murder) of the Indian Penal Code, the current FIR dealt with claims of rioting.
Hussain’s attorney, Tara Narula, argued that because the prior FIR was ‘broader’ and would include the current FIR as well, there was no ‘limitation’ period for filing a petition to have a FIR quashed.
‘The incident alleged in both the FIRs is rioting on February 25, 2020, between 4 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.
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