Supreme Court to Review Tahir Hussain's Bail Request for Delhi Elections Tomorrow
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Synopsis
On January 19, 2023, Tahir Hussain, accused in the 2020 riots, petitioned the Supreme Court for interim bail to campaign in the Delhi Assembly elections. The AIMIM has nominated him as a candidate, and the court will hear his case on January 20.
Key Takeaways
- Tahir Hussain seeks interim bail for election campaigning.
- AIMIM has nominated him for Mustafabad constituency.
- Delhi High Court granted custody parole for nomination filing.
- Hussain faces serious allegations from the 2020 riots.
- Supreme Court hearing set for January 20.
New Delhi, Jan 19 (NationPress) The individual accused in the 2020 riots, Tahir Hussain, has approached the Supreme Court, requesting interim bail to facilitate his campaign for 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.
According to the causelist on the Supreme Court's website, a bench consisting of Justices Pankaj Mithal and Ahsanuddin Amanullah will review Hussain’s special leave petition on January 20.
The Delhi High Court recently denied Hussain’s request for interim bail but permitted him custody parole to allow the filing of his nomination papers for the forthcoming Assembly elections.
Under the terms set by the Delhi High Court, while on custody parole, Tahir Hussain is prohibited from using phones or the internet, engaging with anyone other than officials involved in the nomination process, and addressing the media.
Additionally, while family members can accompany him, they are not allowed to take photographs or share content on social media during the nomination filing.
When dismissing Hussain’s plea for interim bail, a panel led by Justice Neena Bansal Krishna stated: "The fact that the Applicant/Petitioner was previously a Municipal Councilor does not create a unique situation warranting the granting of Interim Bail."
"Given the applicant's background, the nature of the charges, and the overall circumstances, he (Hussain) is granted Custody Parole to take the oath and complete the formalities for filing his nomination papers,” the ruling noted.
On January 14, the bench led by Justice Krishna reserved its judgment after evaluating arguments from senior advocate Rebecca John, who represented the former AAP councilor, and Additional Solicitor General Chetan Sharma, who spoke for the Delhi Police.
Opposing Hussain’s plea for interim bail, ASG Sharma argued that the AIMIM candidate, facing serious allegations, could submit his nomination papers from Tihar Jail or under custody parole.
Sharma asserted that there is no inherent right to contest elections and expressed concerns that if released on interim bail, Hussain could potentially influence witnesses.
"We agree that custody parole should be granted to allow him to file nominations. Like others, he can also run for office,” he remarked, referencing Hussain's involvement in various criminal cases, including those under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).
In the meantime, senior advocate John argued for Tahir Hussain's release on interim bail from January 16 to February 9 to facilitate the nomination filing and election campaigning.
John repeatedly stressed the need for Hussain's temporary release for campaigning purposes.
Tahir Hussain’s counsel contended that the former AAP councilor should be released on interim bail to personally file nomination papers and provide an accurate account of his assets.
The counsel referenced the interim bail granted to J&K leader Engineer Rashid, who is implicated in a terror funding investigation by the National Investigation Agency (NIA), for election-related activities.
On December 24, the Delhi High Court issued a notice to the city police regarding Hussain's plea for bail tied to the murder of Intelligence Bureau officer Ankit Sharma during the 2020 riots.
