The Supreme Court on Tuesday agreed to hear the petition of AIMIM candidate and Delhi riots accused Tahir Hussain, who is seeking interim bail to campaign for the Delhi Assembly elections.
Justices Pankaj Mithal and Ahsanuddin Amanullah scheduled the hearing for January 22 and asked the Delhi Police to come prepared to respond to Hussain’s request.
During the hearing, the bench raised questions about why Hussain was denied bail in a particular case related to the Delhi riots when he had been granted bail in nine other similar cases. “In all nine other cases where he faces identical charges, he has been granted bail. So why not in this case?” the bench inquired, addressing the Delhi Police.
Hussain’s lawyer, senior advocate Sidharth Aggarwal, informed the court that the main individuals accused in the case had been granted regular bail. He also mentioned that charges were filed against Hussain only after three years in custody, with the prosecution citing 115 witnesses, 22 of whom had already been examined.
The bench then questioned why Hussain was pressing for interim bail instead of pursuing regular bail, commenting, “Why are you insisting on interim bail as if elections are the only thing left in life?” Aggarwal responded by explaining that Hussain’s application for regular bail was still pending before the Delhi High Court, but the Delhi Police had not yet filed a counter-affidavit.
Hussain, a former councillor with the Aam Aadmi Party, had been granted parole by the Delhi High Court on January 14 to allow him to file his nomination for the Mustafabad constituency.
However, he challenged the High Court’s refusal to grant him interim bail to campaign in the upcoming elections. The Delhi Police had opposed this request in the High Court, arguing that the severity of the charges against Hussain, who was allegedly a key figure in the violence, made bail inappropriate.
The High Court had also pointed out that Hussain faced charges in multiple FIRs related to the riots and was already in custody in connection with a money laundering case and charges under the UAPA. Hussain is specifically accused in the murder of Intelligence Bureau officer Ankit Sharma during the riots in North-East Delhi in February 2020, which left 53 people dead and many more injured.
The Supreme Court’s hearing on January 22 will determine the next steps in the ongoing legal proceedings concerning Hussain’s request for bail.
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