Supreme Court Delays Tahir Hussain's Bail Hearing Until Wednesday for Delhi Elections
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Synopsis
The Supreme Court rescheduled the hearing on Tahir Hussain's bail plea for January 22. The former AAP councillor seeks interim bail to campaign for the Delhi Assembly elections while facing serious charges related to the 2020 riots. The court has posed questions regarding his four-year imprisonment and the implications for his election candidacy.
Key Takeaways
- The Supreme Court adjourned the bail hearing for Tahir Hussain until January 22.
- Hussain is a candidate for the Mustafabad constituency in the Delhi elections.
- The hearing raised concerns about his long-term incarceration and potential bail eligibility.
- Delhi High Court granted him parole to file nomination papers but imposed strict conditions.
- Arguments presented highlighted the gravity of the charges against Hussain.
New Delhi, Jan 21 (NationPress) The Supreme Court on Tuesday postponed the hearing until January 22 regarding a request made by former Aam Aadmi Party (AAP) councillor Tahir Hussain for interim bail to facilitate his campaigning in the upcoming Delhi Assembly elections.
The All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi, has nominated Tahir Hussain as a candidate for the Mustafabad constituency.
A bench consisting of Justices Pankaj Mithal and Ahsanuddin Amanullah sought a response from the Delhi Police, noting that Tahir Hussain’s over four-year imprisonment on charges of instigating the 2020 riots in the national capital could warrant regular bail.
The Justice Mithal-led Bench remarked, “If we find valid grounds for considering regular bail, why should it not be granted? We cannot ignore that reality,” addressing the Delhi Police.
The apex court ultimately rescheduled the matter for January 22, indicating that “the time for interim bail is running out,” and instructed the counsel for the Delhi Police to prepare accordingly.
Despite the lack of immediate relief for Tahir Hussain, the top court had adjourned the hearing on his interim bail petition on Monday due to insufficient time, listing the matter for January 21.
During a prior urgent hearing, the apex court commented: “It is easy to win elections while incarcerated. All such individuals should be prohibited from contesting elections.”
Last week, the Delhi High Court denied Tahir Hussain’s request for interim bail but allowed him parole to submit his nomination papers for the forthcoming Assembly elections.
As per the Delhi High Court order, while on custody parole, Tahir Hussain must refrain from using a phone or the Internet, will not interact with anyone except the officials involved in the nomination process, and will not speak to the media.
Additionally, Tahir Hussain's family members may be present, but they are not allowed to take photographs during the nomination filing or share them on social media, as per the court’s directive.
In ruling on Tahir Hussain's plea for interim bail, a bench led by Justice Neena Bansal Krishna stated: “Just because the Applicant/Petitioner was previously a Municipal Councillor does not uniquely qualify him for interim bail. Taking into account his background, the nature of allegations, and all circumstances, he is granted Custody Parole for fulfilling the formalities related to filing his Nomination Papers,” it declared.
On January 14, the Justice Krishna-led Bench reserved its decision after hearing arguments from senior advocate Rebecca John, representing the former AAP councillor, and Additional Solicitor General Chetan Sharma, who appeared for the Delhi Police.
Opposing Hussain’s interim bail plea, ASG Sharma asserted that the AIMIM candidate, who faces “serious allegations,” could submit his nomination papers while either in Tihar jail or on custody parole.
Sharma emphasized that there is no fundamental right to run for office and that if granted interim bail, Hussain might influence witnesses.
“We agree to grant custody parole to allow him to file nominations. Like others, he is eligible to contest,” he stated, referencing the former AAP councillor's involvement in multiple criminal cases, including those under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).
Conversely, senior advocate John argued for Tahir Hussain’s release on interim bail from January 16 to February 9 for the purpose of filing nominations and conducting his election campaign. John repeatedly stressed that Tahir Hussain should be temporarily released for campaigning.
Hussain’s counsel contended that the former AAP councillor required interim bail to physically file his nomination papers and accurately report his assets. They referenced the interim bail granted to Jammu and Kashmir leader Engineer Rashid, who is accused in a terror funding case currently under investigation by the National Investigation Agency (NIA), for election-related activities.
