New Delhi: The Supreme Court on Wednesday (January 22) delivered a split verdict on a plea filed by former councillor and Delhi riots accused Tahir Hussain seeking interim bail to campaign for the upcoming Delhi assembly polls.
With the division bench delivering a split verdict, the registry was directed to place the matter before Chief Justice of India (CJI) Sanjiv Khanna for the constitution of a new bench to decide the issue.
Justice Pankaj Mithal dismissed former councillor Tahir’s interim bail plea saying no case was made out. Justice Ahsanuddin Amanullah allowed his plea, saying he could be released on interim bail.
Hussain is contesting assembly polls as an AIMIM candidate
Hussain, a former municipal councillor from the Aam Aadmi Party (AAP), is contesting the assembly elections from Delhi’s Mustafabad assembly constituency as an All India Majlis-e-Ittehadul Muslimeen (AIMIM) Party candidate.
High Court earlier granted Hussain custody parole to file his nomination
The Delhi High Court earlier dismissed Hussain’s plea seeking interim bail from January 14 to February 9 to contest the upcoming Delhi assembly polls. The High Court, however, granted him custody parole to file his nomination for the upcoming Delhi assembly polls.
What did Justice Mithal say?
Justice Mithal said that canvassing for 10-15 days would not suffice the purpose for contesting polls as a constituency has to be nurtured for years and if Hussain had nurtured it for past few years sitting in jail, there was no reason why he should be released. Even if Hussain is directed to be released in this case, it won’t be possible for him to come out of jail for purposes of contesting and canvassing because of other case and therefore, entire exercise on part of this court is nothing but academic in nature, Justice Mithal added.
“Therefore, I am of the opinion that petitioner has failed to make out a case for grant of interim bail. Accordingly, SLP is dismissed with liberty to petitioner to pursue regular bail,” Justice Mithal said.
What did Justice Amanullah say?
Justice Amanullah, while taking note that Hussain is in custody since March, 2020 and has secured bail in most cases and the High Court allowed him to file nomination, said that no doubt the allegations against him are grave, however, they are just allegations as of now and gravity is not enough to deny bail.
“I am of the opinion that subject to apt conditions, the petitioner (Hussain) can be granted interim bail for limited period. Ordered accordingly. Petitioner is enlarged on interim bail up to February 4 subject to conditions……petitioner would be under strict obligation not to raise the issue of any FIR or the incident…he should promptly surrender latest by noon of February 4,” Justice Amanullah said.
