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The Supreme Court on Tuesday granted custody parole to Tahir Hussain, an AIMIM candidate and a key figure accused in the 2020 Delhi riots.
The parole allows him to campaign for the Delhi Assembly elections from January 29 to February 3.
A bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta directed that Hussain be released from jail during permissible hours under the jail manual, provided he deposits approximately ₹2 lakh per day for his parole.
Hussain will be allowed to leave the jail for campaigning within the stipulated 12-hour period each day and must return each evening.
The court made it clear that Hussain would bear all costs related to his custody parole, including the expenses for police personnel assigned to his security, as well as jail van and escort charges. Additionally, Hussain was instructed not to make any comments about the ongoing case or contact witnesses while on parole.
Hussain, in agreement with the court, also gave an undertaking that he would not visit his house, which the police have linked to the alleged criminal conspiracy. The court required Hussain to deposit ₹2,07,429 upfront, covering expenses for the first two days of his parole.
Earlier in the day, the Supreme Court had asked Additional Solicitor General (ASG) SV Raju, representing the Delhi police, to provide details about the necessary security arrangements and related expenses if custody parole was granted.
However, the ASG raised objections to granting Hussain custody parole, warning that it could set a precedent for other prisoners seeking interim bail to contest elections.
Hussain’s plea for interim bail to campaign had previously been heard by a two-judge bench of the Supreme Court. Justice Pankaj Mithal refused to grant him bail, while Justice Ahsanuddin Amanullah had allowed him temporary relief for election campaigning.
Hussain, a former Aam Aadmi Party councillor, was granted custody parole by the Delhi High Court on January 14 to allow him to file his nomination papers from the Mustafabad constituency. However, the Delhi Police opposed his plea, citing the severity of the charges against him, including his alleged central role in the riots that led to multiple deaths.
Court noted that 11 FIRs were filed against Hussain in connection with the riots, and he was already in custody for a money laundering case and a UAPA case.
Hussain is also a key accused in the murder of Intelligence Bureau officer Ankit Sharma during the 2020 North-East Delhi riots, which resulted in 53 deaths and numerous injuries.
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