Supreme Court Approves Custody Parole for Tahir Hussain to Campaign in Delhi Elections

New Delhi, Jan 28 (NationPress) The Supreme Court on Tuesday approved custody parole for Tahir Hussain, who is accused in the 2020 Delhi riots, enabling him to campaign for the upcoming February 5 Assembly polls in the national capital.

The All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi, has nominated Hussain as a candidate for the Mustafabad constituency.

A bench presided over by Justice Vikram Nath mandated that Hussain be released from jail for 12 hours each day under police supervision from January 29 to February 3.

This bench, which also included Justices Sanjay Karol and Sandeep Mehta, noted Hussain's commitment to cover the costs related to his security provisions. The expenses for the initial two days of police custody must be settled by 6 p.m. on Tuesday, as per the apex court's directive.

Additionally, the court restricted Hussain from making any public statements regarding the ongoing cases against him.

The Justice Nath-led bench clarified that the custody parole order would not influence the outcome of the bail request currently being reviewed by the Delhi High Court concerning the murder of Intelligence Bureau officer Ankit Sharma.

Earlier, the top court directed the Delhi Police to inform it about the security arrangements necessary if Hussain is permitted to campaign while on custody parole. It instructed Additional Solicitor General (ASG) S.V. Raju, representing the police, to estimate the number of security personnel required and the associated costs for Hussain's custody parole.

Senior advocate Siddharth Agarwal, representing Hussain, indicated he was limiting his request to custody parole due to the short time frame of 3-4 days remaining for campaigning.

Agarwal stated that Hussain would refrain from staying at his residence and would instead occupy a hotel room, providing the necessary details. In opposition, ASG Raju cautioned that granting relief to Hussain might set a “dangerous precedent”, as it could prompt other prisoners to seek nominations to secure early release.

After the Justice Nath-led Bench inquired about the details of security arrangements and costs associated with granting Hussain custody parole, the law officer requested a postponement to seek further instructions.

Last week, a divided verdict was issued by a 2-judge Bench of the top court regarding Hussain's petition. Justice Pankaj Mithal dismissed the plea, while Justice Ahsanuddin Amanullah showed inclination towards granting interim bail due to Hussain's lengthy incarceration of over four years for allegedly instigating the 2020 riots in the capital. Consequently, the 2-judge Bench ordered the file to be forwarded to the Chief Justice of India, who oversees the roster, for consideration by another bench.

Previously, the Delhi High Court denied Hussain's request for interim bail but allowed him parole to facilitate the filing of nomination papers for the impending Assembly elections. During his custody parole, Hussain was prohibited from using phones or the internet, engaging with individuals outside the official nomination process, and addressing the media.

On January 14, the Justice Neena Bansal Krishna-led Bench reserved its decision after listening to arguments from senior advocate Rebecca John, who represented the former Councillor, and ASG Chetan Sharma, who represented the Delhi Police. ASG Sharma argued against granting Hussain interim bail, citing the “gruesome allegations” against him, and suggested that he could submit his nomination papers from Tihar jail or under custody parole. He asserted that there is no inherent right to contest elections and warned that if released on interim bail, Hussain could potentially influence witnesses.