Tahir Hussain's Bail Plea Rejected: Election Eligibility in Question

Tahir Hussain's Bail Plea Rejected: Election Eligibility in Question

The Supreme Court on Monday passed some strong observations in the matter pertaining to a bail plea filed by All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate and Delhi riots case accused Mohd Tahir Hussain. The AIMIM candidate, formerly with the Aam Aadmi Party, has sought bail to campaign for the upcoming Delhi elections.

Appearing for Hussain, senior advocate Siddharth Aggarwal informed the Court that Hussain was granted custody parole by the Delhi High Court on January 14 for the purpose of filing his nomination, which has now been accepted, and urged the court to grant him bail to campaign for the February 5 elections.

The court, however, took strong note of Hussain's bail plea and observed that people like the petitioner "should be barred" from contesting elections.

"Jail mein baithke ladte hain na chunaav ab toh (these days elections are contested from jail)...It is easy to win elections sitting in jail," Justice Pankaj Mithal observed, according to Live Law. Justice Mithal is part of the two-judge bench that also includes Justice Ahsanuddin Amanullah.

Hussain's counsel, however, pointed out that Hussain's was a genuine case following which the matter was listed for tomorrow.

A former AAP councilor, Hussain was booked in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots. In March, 2024, the trial court framed charges against Hussain and others under Sections 147, 148, 153A, 302, 365, 120B, 149, 188 and 153A IPC. Hussain was additionally charged under Sections 505, 109 and 114 IPC.

Hussain had initially moved the Delhi High Court seeking interim bail to which was opposed by the Delhi Police. The department, however, stated that custody parole may be granted to him for the purpose of filing his nomination papers and opening his bank account.

The High Court eventually rejected Hussain's plea for bail but granted him custody parole in order to allow him to conclude the formalities regarding his filing of nomination from the Mustafabad constituency.

The Supreme Court has now posted the matter for hearing on Tuesday, January 21.