NEW DELHI: The Supreme Court on Tuesday asked the Delhi Police to apprise it of the security measures that would be needed if the 2020 national capital riots accused Tahir Hussain is allowed to campaign under custody parole.
The Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency.
A bench headed by Justice Vikram Nath was hearing a plea filed by the former Aam Aadmi Party (AAP) councillor seeking interim bail for campaigning ahead of the Delhi Assembly elections. The Bench, also comprising Justices Sanjay Karol and Sandeep Mehta, told Additional Solicitor General (ASG) S.V. Raju, appearing for the Delhi Police, to give an estimate of how much security personnel would be required if Tahir Hussain is given custody parole and the expenses it would entail.
It hinted that Tahir Hussain may be asked to make a deposit towards the security expenses. Senior advocate Siddharth Agarwal, appearing on Tahir Hussain’s behalf, stated that he was restricting his prayer to grant custody parole in view of the limited time of 3-4 days left for campaigning.
Agarwal said that Tahir Hussain is willing to stay away from his residence and will stay in a hotel room and provide details.
Opposing this, ASG Raju said that granting relief to Tahir Hussain would set a “wrong precedent” as every prisoner would then file a nomination to contest elections to walk out of jail.
After the Justice Nath-led Bench sought to know the details of security arrangements and costs if Tahir Hussain is granted custody parole, the law officer sought an adjournment to seek instructions.
Adjourning the plea, the apex court asked Tahir Hussain’s counsel to list the undertaking he was willing to follow.
Last week, a 2-judge Bench of the top court delivered a split verdict on Tahir Hussain’s petition. While Justice Pankaj Mithal dismissed his plea, Justice Ahsanuddin Amanullah was inclined to order Tahir Hussain’s release on interim bail in view of his incarceration of over four years on the charge of being an instigator during the 2020 riots in the national capital.
Resultantly, the 2-judge Bench ordered the file to be placed before the Chief Justice of India, who is the master of the roster, for referring the matter to another bench. On January 21, the Supreme Court sought the Delhi Police's response observing that Tahir Hussain's long incarceration of over four years would entitle him to regular bail.
"Suppose we are satisfied on merit that a ground is made for considering regular bail, why should we not grant him? We can't shut our eyes to that, " Justice Amanullah told the Delhi Police.
A day before, the apex court had adjourned the hearing till January 22 on Tahir Hussain’s petition seeking interim bail. When mentioned for urgent hearing, Justice Mithal had remarked: "It is easy to win elections sitting in jail. All such persons should be barred from contesting elections."
Earlier, the Delhi High Court had turned down Tahir Hussain's plea for interim bail but granted him parole to enable him to file nomination papers for the upcoming Assembly polls.
As per the order of the Delhi High Court, Hussain, while out on custody parole, did not have any access to the phone or Internet, did not interact with any person except the officials concerned in the nomination process, and also could not address the media.
On January 14, the Justice Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Councillor, and Additional Solicitor General (ASG) Chetan Sharma, who appeared on behalf of Delhi Police. Opposing Hussain's interim bail plea, ASG Sharma said the AIMIM candidate, facing "gruesome allegations", may file his nomination papers from Tihar jail or under custody parole. Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.