The Supreme Court on Monday adjourned to January 22, a Special Leave Petition (SLP) filed by AIMIM candidate and accused in the 2020 Delhi riots Tahir Hussain, seeking interim bail to campaign for the upcoming Delhi Assembly elections.
The Bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah expressed reservations about granting interim bail to Hussain on the grounds that the charge sheet showed his involvement in the case.
The Bench noted that the charge sheet placed Hussain at the scene and included witness statements accusing him of instigating violence.
Questioning the necessity of interim bail over regular bail, the top court of the country observed that the allegations of instigation appeared similar across multiple cases and suggested that if grounds existed for regular bail, the same could justify interim relief.
Appearing for Hussain, Senior Advocate Siddharth Aggarwal argued that Hussain has been in custody for nearly five years since his arrest on March 16, 2020, and has not been granted regular bail, despite other accused in related cases getting bail.
The Counsel further argued that primary allegations against Hussain involved incitement and mob instigation, with no direct involvement in acts of violence.
Noting that the time for interim bail was expiring, the top court of the country directed Advocate Rajat Nair, appearing for the respondents, to come prepared with arguments on Wednesday.
The matter was earlier listed for hearing on January 20. The Court had adjourned the hearing on Monday due to paucity of time. As it was rising for the day, Hussain’s lawyer sought hearing on January 21.
Noting that it was easy to win elections sitting in jail, the Bench remarked on Monday that all such persons should be barred from contesting elections.
The Counsel appearing for Hussain submitted that his nomination as an AIMIM member had been accepted.
On January 14, the Delhi High Court had granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.
The Bench, however, refused to grant him interim bail from January 14 to February 9 to fight the polls, saying that the gravity of allegations against Hussain, being the main perpetrator in the violence, resulting in the death of several persons, could not be overlooked.
The High Court had further pointed out that about 11 FIRs were registered against Hussain in connection with the riots. It further noted that the accused was in custody in a related money laundering case and another case registered under the Unlawful Activities (Prevention) Act.
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