SC delivers split verdict on Tahir Hussain's plea for interim bail
New Delhi: Former councillor and accused in the February 2020 Delhi riots, Tahir Hussain, failed to secure interim bail from the Supreme Court on Wednesday to campaign for the upcoming Delhi assembly elections. A two-judge bench of the apex court delivered a split verdict on his plea, necessitating the matter to be referred to Chief Justice Sanjiv Khanna for the formation of a new bench.
Justice Pankaj Mithal rejected Hussain's plea, citing the lack of merit in the request, while Justice Ahsanuddin Amanullah dissented, advocating for his release on interim bail under specific conditions.
Justice Mithal underscored that the right to contest elections is not a fundamental right, and granting interim bail for such purposes could set a dangerous precedent. "Elections occur throughout the year. If interim bail is allowed for contesting elections, it would open a Pandora’s box, with every undertrial invoking similar grounds,” he observed. He further noted that Hussain’s release could lead to him interacting with witnesses, potentially compromising the integrity of the trial. The judge highlighted that Hussain’s residence was allegedly used as an “epicentre” for orchestrating the riots, according to the charge-sheet.
Referring to Section 62 of the Representation of the People Act, Justice Mithal argued that allowing such a plea could pave the way for similar demands, including the right to vote, which is restricted for individuals in custody.
Justice Amanullah, while acknowledging the gravity of allegations against Hussain, maintained that they remain unproven at this stage. He emphasised Hussain’s prolonged custody since March 2020 and the fact that he had secured bail in most cases. He opined that Hussain could be granted interim bail for a limited period under appropriate conditions, suggesting his release until February 4.
The Delhi High Court had earlier granted Hussain custody parole on January 14 to file his nomination papers for the Mustafabad constituency on an AIMIM ticket. However, the high court denied his request for interim bail from January 14 to February 9, citing the seriousness of allegations and his role as a prime accused in the riots that claimed 53 lives and left several injured.
Hussain faces charges under multiple cases, including money laundering and provisions of the Unlawful Activities (Prevention) Act (UAPA). Among the 11 FIRs registered against him, one pertains to the murder of Intelligence Bureau staffer Ankit Sharma, whose body was recovered from a drain in the riot-hit Khajuri Khas area, bearing 51 injuries.
The February 2020 riots erupted in northeast Delhi, following clashes between groups over the Citizenship Amendment Act, resulting in widespread violence, deaths, and destruction of property.
