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Informist, Wednesday, Jan. 22, 2025

NEW DELHI – A two-judge bench of the Supreme Court Wednesday delivered a split verdict on the petition filed by Delhi riots case accused Tahir Hussain seeking interim bail to campaign for the upcoming Delhi Assembly elections. Hussain, a candidate for All India Majlis-e-Ittehadul Muslimeen from Mustafabad constituency, was a former municipal councillor from the Aam Aadmi Party.

While Justice Pankaj Mithal rejected Hussain's plea for interim bail, Justice Ahsanuddin Amanullah granted him interim bail till Feb. 4. Following the split verdict in the division bench, the case will be placed before Chief Justice of India Sanjiv Khanna either to refer the matter to a third judge or a larger bench. 

Rejecting Hussain's demand, Justice Mithal said if interim bail was allowed for contesting elections, it will open a Pandora's box since elections happen throughout the year. Every prisoner will come and say they want to contest elections and this shall open the floodgate of litigation, said Justice Mithal, adding the same cannot be permitted.

Once such a right is recognised, as a sequel, petitioners would ask for the right to vote, said Justice Mithal. Right to vote is a recognised right but circumscribed by The Representation of the People Act, 1951, which states that no person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police, said Justice Mithal.

Justice Mithal said canvassing for 10 days in the elections will not suffice as much as when the candidate nurtures a constituency. Hussain is behind bars in two other cases where his regular bail and interim bail are pending in courts, said Justice Mithal. This entire case before this court is academic in nature and thus the Special Leave Petition is dismissed, said Justice Mithal.

Agreeing for interim bail, Justice Amanullah said the charge sheet was filed in June 2020 and almost four-and-a-half years have passed but trial was pending at a stage where there were five eyewitnesses and one was to be examined. "It is submitted that almost five years of incarceration has rendered him (Hussain) out of society and eliminated contact with the electorate...As such, it is reasonable and fair that he should get a chance for whatever few days are remaining to convince the electorate," said Justice Amanullah.

Hussain is an accused in the Delhi riots that took place in February 2020. A total of 11 first information reports were registered against him, and he has already got bail in nine cases. He has been in judicial custody since 2020 in a money laundering case and the Delhi riots case involving murder of Ankit Sharma, an Official of the Intelligence Bureau, Ministry of Home Affairs.  End

Reported by Surya Tripathi

Edited by Subhojit Sarkar

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