Synopsis
In a recent ruling, the Supreme Court adjourned the hearing on Tahir Hussain's interim bail application for campaigning in the Delhi Assembly elections, emphasizing that those facing serious allegations should be barred from contesting.Key Takeaways
- Tahir Hussain seeks bail for Delhi elections.
- Supreme Court has adjourned the hearing.
- Custody parole granted for nomination filing.
- Restrictions imposed during parole period.
- Previous bail requests denied by the Delhi High Court.
New Delhi, Jan 20 (NationPress) In no immediate relief to the 2020 national capital riots accused Tahir Hussain, the Supreme Court on Monday adjourned the hearing on his petition seeking interim bail for campaigning ahead of the Delhi Assembly elections.
Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has nominated Tahir Hussain as a candidate from the Mustafabad constituency.
A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah was unable to address Tahir Hussain's special leave petition for hearing due to a lack of time but scheduled the matter for hearing on January 21. When brought up for urgent consideration, Justice Mithal's Bench remarked: “It is easy to win elections sitting in jail. All such individuals should be prohibited from contesting elections.”
Last week, the Delhi High Court denied Tahir Hussain’s request for interim bail but permitted him custody parole to enable him to file nomination papers for the forthcoming Assembly elections.
As per the Delhi High Court ruling, while on custody parole, Tahir Hussain will not have access to a phone or the Internet, will not interact with anyone except the officials involved in the nomination process, and will not address the media.
Moreover, his family members may be present, but they will not be allowed to take photographs during the nomination filing or post them on social media, according to the court's order.
In ruling on Hussain's request for interim bail, a bench led by Justice Neena Bansal Krishna stated: "Just because the Applicant/Petitioner was previously a Municipal Councilor, this does not create a unique circumstance that warrants the granting of Interim Bail."
"Taking into account the background, nature of allegations, and the overall circumstances, he (Hussain) is granted Custody Parole to take the oath and complete the formalities for filing his Nomination Papers,” it stated.
On January 14, the Justice Krishna-led Bench reserved its decision after hearing arguments from senior advocate Rebecca John, who represented the former Aam Aadmi Party (AAP) councillor, and Additional Solicitor General Chetan Sharma, who represented the Delhi Police.
Opposing Hussain’s plea for interim bail, ASG Sharma argued that the AIMIM candidate, facing "serious allegations," could file his nomination papers from Tihar jail or under custody parole.
Sharma asserted that there is no constitutional right to contest elections and if released on interim bail, Hussain could influence witnesses.
"We agree to grant custody parole to help him file nominations. He can also contest like others,” he said, referring to the former councillor's involvement in various criminal cases, including those under the Prevention of Money Laundering Act (PMLA) and the Unlawful Activities (Prevention) Act (UAPA).
Conversely, senior advocate John argued for Tahir Hussain's release on interim bail from January 16 to February 9 for filing nominations and campaigning.
John stressed that Hussain should be temporarily released for campaigning. His counsel contended that the former AAP councillor required interim bail to file nomination papers in person and present an accurate account of his assets.
The counsel referenced the interim bail granted to Jammu and Kashmir leader Engineer Rashid, accused in a terror funding case being investigated by the National Investigation Agency (NIA), for election-related purposes.
