Former AAP councillor Tahir Hussain, in custody for Delhi riot-related cases, can file election nominations from jail, as stated by the Delhi High Court. His counsel argues he requires interim bail to campaign for the Mustafabad Assembly seat. Hussain cited prolonged trial delays and inconsistencies in the treatment of co-accused as justification for his plea.
New Delhi: Former AAP councillor Tahir Hussain, currently in judicial custody for multiple cases linked to the February 2020 Delhi riots, can file his nomination papers for the upcoming Assembly elections directly from jail, the Delhi High Court was informed on Monday (Jan 13th).
During the hearing, Additional Solicitor General (ASG) Chetan Sharma, representing the police, stated that there are precedents where inmates have filed their election nomination papers from prison. He highlighted, “The latest precedent is of Amritpal Singh.”
Justice Neena Bansal Krishna also observed that Hussain could complete the nomination process while in jail. However, Hussain’s counsel countered, arguing that he was chosen by a national party and needed to “physically file nomination papers, campaign, and declare his assets.”
Hussain’s counsel pointed out that interim bail had been granted in similar circumstances before, citing the case of Rashid Engineer, who received bail to contest the Lok Sabha elections last year.
Hussain, in his plea filed by advocate Tara Narula, sought interim bail from January 14 to February 9, 2025, to contest the Mustafabad Assembly seat on an AIMIM ticket. He argued that he needed time to file nomination papers, open a bank account, and campaign.
Hussain, who has been in custody since March 2020, highlighted that despite spending 4.9 years in jail, only 20 out of 114 prosecution witnesses in his trial had been examined so far. His plea emphasized that the prolonged trial meant he was unlikely to receive a verdict anytime soon.
Additionally, his application noted that co-accused persons, allegedly part of the mob and implicated in the same riots-related murder case, were granted bail by the High Court.
The violence in northeast Delhi on February 24, 2020, claimed 53 lives and left many injured. The case against Hussain relates to the alleged murder of Ankit Sharma, an Intelligence Bureau officer whose body, bearing 51 injuries, was recovered from a drain in Khajuri Khas.
According to the prosecution, Sharma was reported missing on February 25, 2020, by his father, Ravinder Kumar.
The High Court has scheduled the next hearing for Tuesday, leaving the decision on interim bail pending. Hussain’s plea underscores the need for balancing judicial considerations with his democratic right to contest elections.
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