New Delhi: The Supreme Court on Monday (January 20), while deferring to January 21 a plea filed by former councillor and Delhi riots accused Tahir Hussain seeking interim bail to campaign for the upcoming Delhi assembly elections, remarked that all such persons should be barred from contesting elections.
Hussain’s plea seeking interim bail was listed before a bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah, however, the matter could not be taken up due to paucity of time and was adjourned.
Hussain’s counsel mentioned the matter when the bench was rising for the day
Hussain’s counsel mentioned the matter when the bench was rising for the day and requested the bench for a hearing on January 21.
“It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections,” the bench remarked.
High Court on January 14 granted custody parole to Hussain
The Delhi High Court on January 14 granted custody parole to Hussain, who was a former municipal councillor from the Aam Aadmi Party (AAP) and now is contesting the assembly elections from Mustafabad assembly constituency as a Member of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) Party, to file his nomination for the upcoming Delhi assembly polls.
The High Court, however, rejected his plea for interim bail from January 14 to February 9 to fight the upcoming assembly polls, saying the gravity of allegations against him is that he was the main perpetrator to the Delhi riots which took place in the year 2020 in Delhi riots, which resulted in death of about 59 persons, cannot be overlooked.
What did the High Court say?
The High Court further said that Hussain has as many as 11 FIRs registered against him in regard to Delhi riots and he continues to be in custody in a related money laundering and other cases.
“Considering the antecedents, nature of allegations and having regard to the totality of circumstances, he is granted Custody Parole for subscribing the oath and to complete the formalities in respect of filing his nomination papers,” the High Court said.
Delhi Police opposed Hussain’s interim bail plea in High Court
The Delhi Police opposed Hussain’s plea for interim bail to fight the assembly polls, submitting that he is the main conspirator behind Delhi riots, leading to as many as 53 deaths, and that he has a tendency to indulge in criminal conduct and the FIRs registered against him are in regard to serious offences, including the provision of Unlawful Activities (Prevention) Act.
There are serious allegations against Hussain of murder of IB official Ankit Sharma, police told High Court
The Delhi Police further said that there are serious allegations against Hussain of murder of Ankit Sharma, an Official of the Intelligence Bureau, Ministry of Home Affairs, Government of India by the riotous mob, whose body was recovered from Khajuri Khas Nala, near Chand Bagh Pulia.
Sharma’s body was found only in his underwear and all his clothes were missing and he had 51 blunt and sharp injuries on his head, face, chest, back and his waist.
The Delhi Police, while arguing that contesting elections was not a fundamental right, said that the State is willing to cooperate and support him to comply with the requisite formalities and to file and submit the nomination papers and to open his bank account for which the custody parole instead of interim bail, may be granted to him.
