The court granted parole to Tahir Hussain, an accused in the Delhi riots, allowing him to file his nomination for upcoming elections. While granting this relief, the court underlined the gravity of the charges against him, including his alleged role in the violence that resulted in 59 deaths. The decision balances his legal rights with the seriousness of the allegations.
New Delhi: The Delhi High Court denied interim bail to Tahir Hussain, a former Aam Aadmi Party (AAP) councillor, who is accused of playing a vital role in the 2020 riots in North East Delhi, which resulted in the deaths of 59 individuals.
The court highlighted the seriousness of the allegations against Hussain, while also granting him custody parole to enable him to file his nomination papers and participate in campaigning for the upcoming Assembly elections. Hussain is contesting from the Mustafabad constituency as a candidate for the All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi.
Hussain sought interim bail to complete election-related formalities. The court, considering his criminal history and the nature of the allegations, allowed him custody parole for taking the oath and fulfilling the necessary nomination steps.
The parole is subject to strict conditions:
- He shall not have access to phones or the internet.
- He is prohibited from interacting with anyone except officials involved in the nomination process.
- He cannot address the media.
- While family members may accompany him during the nomination, they are not permitted to take photographs or post on social media.
The court instructed the state to facilitate the filing of Hussain’s nomination papers and ensure all necessary arrangements are made.
In its order, the court stated,
“The State may coordinate with the concerned authorities to ensure that the entire process is completed in a timely manner, and the Applicant/Petitioner’s right to file his nomination is not affected in any way.”
The court also emphasized the gravity of the allegations against Hussain, noting,
“The mere fact that the Applicant/Petitioner had previously been a Municipal Councillor does not provide a peculiar circumstance that would justify granting interim bail.”
Earlier, Delhi Police opposed Hussain’s interim bail plea, highlighting concerns over public safety and the potential for further polarization if he were allowed to campaign.
They asserted,
“The right to fight elections is not a fundamental right”
Also expressed serious worries about the implications of his release.
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Chetan Sharma, representing the Delhi Police, stated, “There’s a threat to the witnesses,” and pointed out that Hussain is considered “the principal figure in the riots.” He added that granting bail for a few weeks could worsen the situation.
In February 2020, a First Information Report (FIR) lodged by Ankit Sharma’s father after his son went missing while out for groceries. The police allege that Hussain was part of a violent mob responsible for Sharma’s death, as well as rioting and arson during the clashes that erupted on February 24, 2020, following tensions between supporters of the Citizenship Amendment Act (CAA) and protesters, resulting in at least 53 deaths and numerous injuries.
Case Title: Tahir Hussain v. State