New Delhi: Former AAP leader Tahir Hussain has filed a plea in the Delhi High Court seeking to dismiss an FIR lodged against him for his alleged involvement in the 2020 riots.
Justice Vikas Mahajan scheduled the hearing for May 25.
However, the Delhi Police's counsel was not available.
Hussain's lawyer, advocate Tara Narula argued that the trial has not yet begun in this case and that there is already another FIR related to the same incidents.
The judge observed that there is a distinction between the two cases, both of which were registered in 2020.
The present FIR pertains to allegations of rioting, while the other FIR includes Section 302 (murder) of the Indian Penal Code.
Narula stated that the other FIR is more comprehensive and covers the present FIR as well. She emphasized that there is no time limit for filing a petition to quash an FIR.
According to the plea, both FIRs allege rioting on February 25, 2020, between 4 to 5 p.m., with accusations of Hussain's involvement and the use of his roof for petrol bombs.
"The present FIR, registered on February 28, 2020, focuses on the burning of shops, while the other FIR, filed on February 26, 2020, pertains to the murder of Intelligence Bureau staffer Ankit Sharma in the vicinity of the Chand Bagh Pulia area," as per plea.
The plea argued that there is significant overlap in the investigation of both FIRs registered at the Dayalpur police station, including common witnesses.
It further contended that the sequential registration of the FIRs violates the law and the fundamental rights of the accused.
—IANS