New Delhi: The Supreme Court on Tuesday directed Delhi Police to respond to a plea filed by former councillor Tahir Hussain, who has been in the jail for his alleged role in 2020 Delhi riots. In his plea, Tahir has sought interim bail to campaign for the upcoming Delhi assembly elections scheduled next month.
Tahir Hussain has been accused of inciting violence in northeast Delhi on February 24, 2020, which left 53 people dead and several others injured. He was subsequently arrested on March 16, 2020.
Senior advocate and Hussain's counsel Siddharth Aggarwal argued that Hussain has already spent over four years in jail and has been granted bail in nine out of 11 cases. He further pointed that other accused have been granted regular bail.
While hearing the plea, the SC bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah asked advocate Rajat Nair, representing Delhi police, to come prepared and argue the matter during the next hearing scheduled on January 22.
At the same time, Justice Mithal told Hussain's counsel that his client’s involvement is very much there and added that the chargesheet in the matter shows his presence. The bench further said that witnesses had claimed Hussain was instigating the mob.
It was submitted before the bench that charges were framed after three years of Hussain’s custody, and 115 witnesses were cited by the prosecution, of which only 22 have been examined.
The bench asked, “Suppose, tentatively, we feel persuaded that he makes out a case for regular bail, then why not we should give at least interim?”
The bench observed, "If we are satisfied at this stage on merits that some case is made out then why not interim? He is in jail for 4 years 10 months. He is only an instigator and the very same allegation of instigation is in nine cases in which he has been granted bail. You can’t shut your eyes to that."
However, the apex court had on Monday remarked that all such persons should be barred from contesting elections.
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.
On January 14, the Delhi High Court had granted custody parole to Hussain to file nomination from the Mustafabad constituency on AIMIM ticket. But 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 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.
