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Informist, Tuesday, Jan. 28, 2025

--SC grants custody parole to Tahir Hussain to campaign for Delhi elections 

--CONTEXT: Hussain is candidate for All India Majlis-e-Ittehadul Muslimeen 

--SC: Tahir Hussain to be released on custody parole from Wed to Feb 3 

NEW DELHI – The Supreme Court Tuesday granted custody parole to 2020 Delhi riots case accused Tahir Hussain from Wednesday to Feb. 3 to campaign for the upcoming Delhi Assembly elections. Hussain, a former municipal councilor from the Aam Aadmi Party, is a candidate of the All India Majlis-e-Ittehadul Muslimeen from the Mustafabad constituency.

On Jan. 22, a two-judge bench of the apex court had delivered a split verdict on the petition filed by Hussain seeking interim bail to campaign for Delhi elections. However, when the case reached a three-judge bench, Hussain confined his plea to only seeking custody parole for campaigning for the polls.

The Supreme Court noted Hussain's undertaking that he would bear all the expenses for his security. Hussain said he would not visit his original residence and not make any comments regarding the cases against him. Additional Solicitor General S.V. Raju, appearing for Delhi police, opposed Hussain's demand for custody parole. On being asked by the court about expenses, Raju said it would amount to INR 400,000 per day.

According to the apex court, petitioner Hussain will abide by his undertaking and will be released as per timings in the jail manual upon deposit of expenses being half of what was indicated for two days. Thereafter, before expiry of two days, expenses for the next two days will be deposited, said the court. "Release shall be for 12 hours as per jail rules. Order not to be treated as precedent. Bail application before Delhi High Court to be considered on its own merits uninfluenced by orders of this court," said the three-judge bench. 

On Jan. 22, rejecting Hussain's demand, Justice Pankaj Mithal had 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.

Agreeing to an interim bail, Justice Ahsanuddin Amanullah had 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 the 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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