Supreme Court Postpones Tahir Hussain's Bail Hearing for Delhi Elections
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Synopsis
The Supreme Court has delayed the consideration of Tahir Hussain's plea for interim bail, which he requires for campaigning in the Delhi Assembly elections. The court emphasized the need for careful examination of the case, noting the significant duration of his incarceration.
Key Takeaways
- The Supreme Court has adjourned the hearing on Tahir Hussain's bail plea to January 22.
- Hussain is seeking bail to campaign for the upcoming Delhi Assembly elections.
- He has been in custody for over four years on charges related to the 2020 riots.
- The court is considering the merits of his case regarding regular bail.
- Delhi High Court previously granted him parole for filing nomination papers.
New Delhi, Jan 21 (NationPress) The Supreme Court on Tuesday postponed the hearing until January 22 regarding the plea submitted by Tahir Hussain requesting temporary bail for election campaigning ahead of the Delhi Assembly polls.
The All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi, has nominated former Aam Aadmi Party (AAP) Councillor Tahir Hussain as a candidate for the Mustafabad constituency.
A bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah called for a response from the Delhi Police, noting that Tahir Hussain has been incarcerated for over four years on charges of instigating the 2020 riots in the national capital, which may warrant him regular bail.
“If we find sufficient grounds for considering regular bail, why should we not grant it? We cannot ignore that,” the bench led by Justice Mithal stated to the Delhi Police.
The apex court ultimately rescheduled the matter for January 22, emphasizing that “the time for interim bail is running out,” and the Delhi Police's counsel must come prepared.
In a setback for Tahir Hussain, the Supreme Court also delayed the hearing on his petition for interim bail on Monday.
The bench, led by Justice Mithal, was unable to address Tahir Hussain's Special Leave Petition due to time constraints but set the matter for January 21.
When the case was brought up for urgent hearing, the apex court remarked: “It’s easy to win elections while incarcerated. All such individuals should be prohibited from contesting elections.”
Recently, the Delhi High Court rejected Tahir Hussain's plea for interim bail but allowed him parole to submit his nomination papers for the upcoming Assembly elections.
According to the Delhi High Court’s ruling, while out on custody parole, Tahir Hussain is prohibited from using a phone or the Internet, must not communicate with anyone except the officials involved in the nomination process, and is not allowed to speak to the media.
Family members of Tahir Hussain may accompany him, but they cannot take photographs of the nomination filing or share them on social media, as per the court's directive.
In dismissing Tahir Hussain's plea for interim bail, Justice Neena Bansal Krishna stated, “Simply because the applicant/petitioner was previously a Municipal Councillor does not constitute a unique circumstance justifying the granting of interim bail.”
“Taking into account the history, nature of the allegations, and the overall circumstances, he (Tahir Hussain) is granted custody parole to take the oath and complete the formalities for filing his nomination papers.”
On January 14, the bench led by Justice Krishna concluded its deliberations after hearing arguments from senior advocate Rebecca John, representing the former Councillor, and Additional Solicitor General Chetan Sharma, who represented the Delhi Police.
Opposing Hussain's plea for interim bail, ASG Sharma argued that the AIMIM candidate, facing “serious allegations,” could file his nomination from Tihar jail or under custody parole.
Sharma further stated that there is no fundamental right to contest elections, and if released on interim bail, Hussain might tamper with witnesses.
“We agree that custody parole should be granted to assist him in filing nominations. Like others, he can also contest,” he mentioned, referring to Tahir Hussain's involvement in numerous criminal cases, including those under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).
Conversely, senior advocate John argued that Tahir Hussain should be temporarily released on interim bail from January 16 to February 9 for the purpose of filing nominations and campaigning. John stressed the importance of Tahir Hussain's temporary release for campaigning.
Tahir Hussain's attorney contended that the former AAP Councillor needed interim bail to physically file nomination papers and provide an accurate account of his assets.
The attorney referenced the interim bail granted to Jammu and Kashmir leader Engineer Rashid, who is facing a terror funding investigation by the National Investigation Agency (NIA), for election-related activities.
