‘Such Persons Should Be Barred From Contesting The Elections’, SC On Plea By Delhi Riots Accused Tahir Hussain

SC made some tough observations against persons accused in criminal cases, such as riots, seeking interim bail to campaign for the polls.

New Delhi:The Supreme Court on Monday made some tough observations against persons accused in criminal cases, such as riots, seeking interim bail to campaign for the polls, saying that all such persons should be barred from contesting elections.

A bench led by Justice Pankaj Mithal orally made these remarks, while deferring to January 21 the hearing on a plea filed by former councillor and Delhi riots accused Tahir Hussain. Hussain moved the apex court seeking interim bail to campaign for the upcoming Delhi assembly polls in February. Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured.

The bench, also comprising Justice Ahsanuddin Amanullah, adjourned the hearing on the matter due to paucity of time. As the judges were rising for the day, Hussain's lawyer mentioned the matter and urged the court to hear it on January 21, and added that his nomination was accepted.

"It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections," the bench made this oral observation. On January 14, the Delhi High Court granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.

However, the high court declined to entertain his plea for interim bail from January 14 to February 9 to fight the polls, saying the gravity of allegations against Hussain, being the main perpetrator in the violence, resulting in the death of several persons, could not be overlooked.

The high court observed that nearly 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case. Hussain’s counsel had argued that fighting elections was a complicated process, which required him to not only file his nomination by January 17 but also open a bank account and campaign.

The Delhi police, insisting that contesting elections was not a fundamental right, had alleged that Hussain who was the "main conspirator" and "funder" of the February 2020 riots could complete formalities and fight polls on custody parole.

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