New Delhi, Jan 22 The Supreme Court on Wednesday delivered a split verdict on a plea filed by former Aam Aadmi Party (AAP) councillor and Delhi riots accused Tahir Hussain seeking interim bail to campaign for the Delhi Assembly elections.
The Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency.
In the split verdict by the two-judge bench of the Top Court, while Justice Pankaj Mithal dismissed Hussain's petition, Justice Ahsanuddin Amanullah was inclined to order his 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, it was ordered to place the file before the Chief Justice of India Justice Sanjiv Khanna, who is the master of the roster, to refer the matter to another bench.
On Tuesday, the Top Court sought the Delhi Police's response observing that 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.
The top court on Monday had adjourned the hearing till January 22 on his 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."
Last week, the Delhi High Court turned down 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, will not have any access to the phone or Internet, will not interact with any person except the officials concerned in the nomination process, and will 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 Chetan Sharma, who appeared on behalf of Delhi Police.
Opposing Hussain’s interim bail plea, ASG Sharma said that 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.
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