Tahir Hussain, who is contesting the Delhi Assembly Elections as an AIMIM candidate, has sought interim bail before the high court to campaign and contest the upcoming assembly polls.
Hussain, who is contesting the Mustafabad constituency, is seeking an interim bail in the 2020 Delhi riots case from January 14 to February 9 to participate in the election process.
The AIMIM candidate filed the bail plea before the bench of Justice Neena Bansal Krishna, who asked Hussain's counsel if he just needed to file the nomination.
"You can do that even while sitting in jail," Justice Bansal said, according to The Indian Express.
Hussain said he has been in jail since March 2020 and added that he needed to file a true account of all his properties and assets.
"The whole election process has been notified. I’ve been chosen by a national party so there must be a proposer… I want to file a true account of all my properties and assets and I’ll have to choose a proposer,” the counsel said.
Meanwhile, Additional Solicitor General Chetan Sharma, representing the Delhi Police, cited the case of Amritpal Singh filing nomination from jail.
"He (Amritpal Singh) was permitted to file nomination, allowed to meet his proposer from jail" Sharma argued.
However, Hussain’s counsel pointed out to the case of Engineer Rashid, who was granted interim bail to contest in the Jammu and Kashmir elections last year. While Rashid contested the Lok Sabha Elections last year from jail and won the Baramulla seat as an Independent, he was later granted interim bail to campaign in assembly polls.
The High Court has scheduled the hearing in the case for tomorrow, combining it with Hussain's pending regular bail petition.
Hussain has sought interim bail from the trial court regarding the Delhi riots case and Enforcement Directorate investigations. The bail plea argues that there are insufficient credible evidence against Hussain.