The Supreme Court delivered a split order on the plea filed by Tahir Hussain, an accused in the 2020 Delhi riots, seeking interim bail to campaign for the upcoming Delhi Assembly elections.
Hussain, an AIMIM candidate, had approached the Court requesting temporary bail to participate in the election campaign. The Court's decision was divided, with one judge allowing bail and the other denying it.
Justice Pankaj Mithal, in his decision, refused to grant interim bail, expressing concerns about the potential consequences of such a ruling. He warned that permitting interim bail for election campaigns could set a dangerous precedent.
The judge argued that if undertrials were granted temporary bail to contest elections, it could lead to an overwhelming number of requests throughout the year, as elections are held continuously across the country. This, he believed, would open a “Pandora’s box,” making it difficult to manage such claims.
Additionally, Justice Mithal highlighted that the right to contest elections is not a fundamental right, and allowing bail for this purpose could lead to further legal complications.
He also noted the severity of the charges against Hussain, which included possible witness tampering. Allowing him to campaign in the locality where the crime took place, Justice Mithal cautioned, could increase the risk of him contacting potential witnesses.
On the other hand, Justice Ahsanuddin Amanullah took a different view and permitted Hussain’s release on interim bail to allow him to campaign.
While acknowledging the seriousness of the allegations against Hussain, Justice Amanullah emphasised that these were still allegations at this stage, and Hussain had already spent five years in custody. The judge granted bail until February 4, 2024, subject to certain conditions.
These included prohibiting Hussain from raising issues related to the FIRs during his campaign and requiring him to surrender by the specified date. This decision was made in light of the fact that Hussain had been granted bail in other cases and had a right to participate in the election process.
Hussain, a former councillor of the Aam Aadmi Party (AAP), had previously been granted parole by the Delhi High Court to file his nomination for the Mustafabad constituency. However, he challenged the High Court's decision to deny him interim bail to campaign.
The Delhi Police had opposed Hussain’s request, arguing that he was a primary accused in the violence that led to the deaths of several individuals during the 2020 North-East Delhi riots.
In total, 11 FIRs were registered against him in relation to the riots, and he is also charged with the murder of Intelligence Bureau (IB) officer Ankit Sharma.
The Delhi High Court had rejected Hussain’s plea, citing the severity of the allegations and his involvement in multiple criminal cases, including money laundering and violations under the Unlawful Activities (Prevention) Act (UAPA).
The violent events of February 2020 in North-East Delhi resulted in the deaths of 53 people and left many others injured, marking one of the darkest chapters in the city’s history.
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