Today, On 20th January, The Supreme Court stated that individuals like Tahir Hussain should be disqualified from contesting elections. This comment came during a hearing of Hussain’s plea. The Court emphasized the importance of ensuring that persons with certain backgrounds are prevented from entering the political arena. The statement raises concerns about eligibility and public accountability in politics.
New Delhi: The Supreme Court stated on Monday that individuals with serious allegations against them should be prevented from contesting elections, as it postponed the hearing of a plea by former councillor and Delhi riots accused, Tahir Hussain, until January 21.
Hussain is seeking interim bail to campaign for the upcoming Delhi assembly elections.
A bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah adjourned the hearing due to a lack of time.
Also Read: HC Seeks ED Evidence for Tahir Hussain’s PMLA Case Dismissal Plea in 2020 Riots
However, as the session was concluding, Hussain’s lawyer requested an expedited hearing on January 21.
In response, the bench stated,
“It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections.”
Hussain’s lawyer noted that his nomination had been accepted. On January 14, the Delhi High Court granted him custody parole to file nomination papers for the Mustafabad constituency on an AIMIM ticket, but denied his request for interim bail from January 14 to February 9 to actively campaign.
The court highlighted the severity of the allegations against Hussain, who is accused of being a primary instigator of the violence that resulted in multiple fatalities.
The High Court pointed out that about 11 FIRs had been filed against him related to the riots, and he was currently in custody due to a connected money laundering case and UAPA charges. Hussain’s senior counsel argued that campaigning is a complex process that requires him to submit his nomination by January 17, open a bank account, and conduct a campaign.
The police contended that Hussain, labeled the “main conspirator” and “funder” of the February 2020 riots, could fulfill the necessary formalities and campaign while on custody parole. Violence erupted in northeast Delhi on February 24, 2020, resulting in the deaths of 53 individuals and injuries to many more.
The prosecution noted that on February 26, 2020, a complainant reported that his son, Ankit Sharma, an Intelligence Bureau officer, had been missing since February 25, 2020. Sharma’s body was later found in Khajuri Khas nullah, showing 51 injuries.
In his bail plea, Hussain stated he had already spent 4.9 years in jail and, despite the trial commencing, only 20 out of 114 prosecution witnesses had been examined thus far. He argued that his prolonged incarceration was unjust, especially since many witnesses remained to be called, indicating that the trial would not conclude soon.
He also noted that co-accused individuals who were part of the riotous mob and charged with murder had been granted bail by the High Court.
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