The Supreme Court on Tuesday granted custody parole to former Aam Aadmi Party (AAP) councillor and February 2020 Delhi riots accused Tahir Hussain, who is contesting the Delhi Assembly elections on an All India Majlis-e-Ittehadul Muslimeen (AIMIM) ticket, to campaign.
A three-judge bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta allowed Hussain’s plea, permitting him to campaign under police custody from January 29 to February 3, news agency PTI reported. The court imposed several conditions, stating that Hussain would be allowed to leave jail only during the daytime under security and must return each night. Additionally, the bench specified that his custody parole would be subject to a deposit of ₹2.47 lakh per day towards security expenses.
Senior advocate Siddharth Aggarwal, representing Hussain, argued that only four to five days were left for campaigning and urged the court to allow him to connect with the electorate. “The place where my house is alleged to have been where the Delhi riots took place. I am fighting from the Mustafabad seat and even for staying purposes, I am saying I will not go to the house and will stay in a hotel and provide details,” Aggarwal stated, as quoted by PTI.
Opposing the plea, Additional Solicitor General S V Raju highlighted the seriousness of Hussain’s alleged role in the riots. He contended, “If granted the relief, everybody would fill a nomination form in jail.” The court directed Raju to seek instructions regarding the security arrangements and expenses involved, while also instructing Aggarwal to inform them of the undertakings Hussain proposed to give.
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The order was passed in response to Hussain’s petition to campaign while in custody for the upcoming Delhi Assembly elections. He had earlier failed to secure interim bail on January 22 after a two-judge bench of the apex court delivered a split verdict.
Hussain was previously granted custody parole by the Delhi High Court on January 14 to file his nomination papers from the Mustafabad constituency. He is an accused in a case related to the murder of Intelligence Bureau staffer Ankit Sharma during the February 2020 Delhi riots, which left 53 people dead and several injured. According to the prosecution, Sharma was reported missing by his father on February 25, 2020, and his body, bearing 51 injuries, was found in the Khajuri Khas nullah the next day.