No Interim Bail To Delhi Riots Accused Tahir Hussain To Campaign As SC Delivers Split Verdict

A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah had adjourned the hearing in the plea on Tuesday due to paucity of time and deferred the hearing to January 21. 

File photo of AIMIM Mustafabad candidate Tahir Hussain.

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The Supreme Court on Wednesday delivered a split verdict on the interim bail petition of Delhi riots accused and AIMIM candidate Tahir Hussain to campaign for the Delhi Assembly Elections.

The former AAP councillor and February 2020 riots accused failed to secure an interim bail to campaign for Delhi assembly following the split verdict. 

A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah had adjourned the hearing in the plea on Tuesday due to paucity of time and deferred the hearing to January 21. 

While Justice Pankaj Mithal dismissed the bail petition, Justice Ahsanuddin Amanullah allowed the AIMIM interim bail, according to LiveLaw. The matter has been then referred to a larger bench to be set up by Chief Justice Sanjiv Khanna. 

Justice Mithal said that while the right to contest elections was not a fundamental right, allowing interim bail could open a Pandora's box as every undertrial would invoke the same ground.

"In the event interim bails are to be allowed for purposes of contesting elections, it will open a Pandora's box. Since elections are all year round, every undertrial would come with the plea that he wants to participate in elections and therefore be granted interim bail. This would open floodgates, which in our opinion can't be permitted," Mithal said.

The judge added, "Once such right is recognised, as a sequel, the petitioner would ask for right to vote, which is circumscribed by Section 62 of the Representation of Peoples Act."   

"Releasing such a person on interim bail would amount to permitting the accused to go for door-to-door canvassing and hold meetings in the locality where the crime took place and witnesses reside," he said. Hence, there is a high possibility of the accused meeting the witnesses.

Earlier on Monday, the Supreme Court had made a strong objection on the interim bail plea filed by AIMIM candidate and Delhi riots accused Tahir Hussain by saying "such persons should be barred from contesting."

"It is easy to win elections sitting in jail. Actually, all these persons should be debarred," Supreme Court Judge J Pankaj Mithal said while hearing the interim bail plea.

Tahir Hussain, who is an accused in the 2020 Delhi riots, is contesting as an AIMIM candidate from the Mustafabad constituency. The former AAP councillor had moved the Supreme Court seeking interim bail from January 20 to February 5 to campaign for the Delhi Assembly polls.

Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured. Hussain is accused in a case of February 2020 riots connected to the death of Intelligence Bureau staffer Ankit Sharma.

According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Sharma was missing since February 25, 2020. His mortal remains were reportedly recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.