New Delhi: The Supreme Court on Tuesday (January 28) granted custody parole to former councillor and Delhi riots accused Tahir Hussain to campaign in the upcoming Delhi assembly polls as per timings in jail manual from January 29 till February 3 upon the deposit of half expenses.
A bench comprising Justice Vikram Nath, Justice Sanjay Karol and Justice Sandeep Mehta ordered release of Tahir for 12 hours as per jail rules.
Tahir urged apex court to allow him to campaign in custody
Earlier in the day, Senior advocate Siddharth Aggarwal, appearing for Tahir, urged the bench that he be allowed to campaign for the assembly polls in custody, submitting that only four-five days are left for the assembly elections and he be allowed to connect with the voters in police custody.
“The place where my house is alleged to have been where Delhi riots took place. I am fighting for Mustafabad assembly seat and even for staying purposes, I am saying I will not go to the house and will stay in a hotel and provide details,” Aggarwal told the bench.
Delhi Police opposed Tahir’s submissions
Additional Solicitor General (ASG) SV Raju, who appeared for the Delhi Police, opposed Tahir’s prayer, saying his role is serious and that if he is granted relief, everybody would fill a nomination form in jail.
The bench then asked the ASG to seek instructions on what expenses and sort of security would be required and also told Aggarwal to inform the court what undertakings Hussain would give.
Apex court earlier delivered a split verdict on Tahir’s plea for interim bail
Earlier, a two-judge bench delivered a split verdict on Tahir’s plea seeking interim bail to campaign for the assembly polls, following which a three-judge bench was constituted to hear Hussain’s plea.
While Justice Pankaj Mithal dismissed the Tahir’s plea for interim bail, saying no case was made out, Justice Ahsanuddin Amanullah was of the view that he could be granted interim bail.
The Delhi High Court earlier on January 14 granted custody parole to Hussain to file his nomination papers from the Mustafabad constituency on an All India Majlis-e-Ittehadul Muslimeen (AIMIM) ticket.
