New Delhi: The Delhi High Court on Monday (January 13) was told that former Aam Aadmi Party (AAP) councillor Tahir Hussain, who is accused in several cases related to Delhi 2020 riots, can file his nomination papers from jail itself.
Justice Neena Bansal Krishna was hearing a plea filed by Hussain seeking interim bail in a riots-related murder case Hussain from January 14 till February 9 to fight the upcoming Delhi assembly polls from Mustafabad constituency on a AIMIM ticket.
Hussain moved High Court last week seeking interim bail
Hussain had moved the High Court last week seeking interim bail to physically file the nomination papers, open a bank account and canvass for the assembly polls.
The interim bail application has been filed in Hussain’s pending bail plea.
There were instances when inmates filed nomination papers for elections from prison, High Court was told
Additional Solicitor General (ASG) Chetan Sharma, who represented the Delhi Police, told the court that there were instances in the past when inmates completed the process of filing nomination for elections from prison.
“Latest precedent is of Amrtipal Singh,” ASG Sharma said.
Justice Krishna also orally observed that Hussain could file his nomination papers while sitting in jail, news agency PTI reported.
What did Hussain’s counsel submit?
Hussain’s counsel, while emphasising that he has been in custody since March 2020, urged the court to grant him the relief, submitting that a national party has chosen him to contest the election and besides filing his nomination papers, he also needed to campaign and declare his assets. The counsel also said that Rashid Engineer was granted interim bail by a trial court to campaign in the Jammu and Kashmir assembly polls. The counsel further told the court that Hussain was in the process of seeking interim bail in two other Delhi riots cases from the courts concerned.
The High Court, after hearing submissions, posted the matter for further hearing on Tuesday.
