Synopsis
The Supreme Court is set to hear Tahir Hussain's plea for interim bail on January 28, which he seeks to participate in the Delhi Assembly elections. This follows a split verdict from a two-judge bench regarding his lengthy incarceration related to the 2020 riots.Key Takeaways
- Supreme Court to hear Tahir Hussain's bail plea.
- Hussain is an accused in the 2020 riots case.
- His interim bail is sought for election campaigning.
- Split verdict from a previous two-judge bench.
- Delhi High Court allowed custody parole for nomination filing.
New Delhi, Jan 24 (NationPress) A three-judge bench of the Supreme Court is scheduled to consider a petition filed by former Aam Aadmi Party (AAP) councillor and accused in the 2020 riots, Tahir Hussain, who is seeking interim bail to facilitate his campaign for the upcoming Delhi Assembly elections.
According to the causelist published on the apex court's website, Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta will hear Hussain's special leave petition on January 28 as the first case.
The All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi, has nominated Hussain as a candidate from the Mustafabad constituency.
Recently, a two-judge bench of the Supreme Court issued a split verdict regarding Hussain's petition. While Justice Pankaj Mithal dismissed it, Justice Ahsanuddin Amanullah suggested granting interim bail due to Hussain's prolonged incarceration of over four years connected to the allegations of instigating the 2020 riots in the national capital.
Consequently, the two-judge bench instructed that the case file be submitted to the Chief Justice of India, who oversees the roster, for further consideration by another bench.
On Tuesday, the Supreme Court requested the Delhi Police to respond, noting that Hussain's extended imprisonment might justify his eligibility for regular bail.
Justice Amanullah remarked, "If we find merit in granting regular bail, why shouldn't we do so? We cannot ignore that reality," addressing the Delhi Police.
The apex court had previously postponed the hearing on Hussain's interim bail petition until January 22.
When an urgent hearing was requested, Justice Mithal commented: "It is simple to win elections from prison. Individuals like these should not be allowed to contest elections."
Earlier, the Delhi High Court had rejected Hussain's plea for interim bail but permitted him to be released on parole to submit his nomination papers for the upcoming assembly elections.
According to the Delhi High Court's order, while on custody parole, Hussain is prohibited from accessing phones or the Internet, must not communicate with anyone except the relevant officials involved in the nomination process, and is not allowed to speak to the media.
On January 14, the Justice Krishna-led bench reserved its ruling after considering arguments from senior advocate Rebecca John, representing Hussain, and Additional Solicitor General (ASG) Chetan Sharma, who represented the Delhi Police.
Opposing Hussain's bail request, ASG Sharma stated that the AIMIM candidate, facing serious allegations, could file his nomination from Tihar Jail or under custody parole. Sharma added that there's no inherent right to contest elections, and if released on bail, Hussain might influence potential witnesses.
