Supreme Court to Hear Tahir Hussain's Interim Bail Plea for Delhi Elections on January 28

Team Finance Saathi

    25/Jan/2025

What's covered under the Article:

  1. Supreme Court hearing Tahir Hussain’s interim bail plea for Delhi elections on January 28.
  2. Background on the 2020 riots case and the death of Intelligence Bureau staffer Ankit Sharma.
  3. Delhi High Court’s previous decision on Hussain’s parole and bail request for election campaign.

A special bench has been constituted by Chief Justice Sanjiv Khanna to hear the interim bail plea of Tahir Hussain, an AIMIM candidate from Mustafabad constituency in the Delhi Assembly Elections 2025. The bench, comprising Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta, will hear Hussain’s plea on January 28, 2025.

Tahir Hussain, who is accused in the February 2020 Delhi riots, which also involved the death of Intelligence Bureau staffer Ankit Sharma, has requested interim bail for campaigning in the upcoming elections. Hussain, who has been in custody in connection with various cases, including UAPA (Unlawful Activities (Prevention) Act) and money laundering, seeks temporary relief to participate in the political process.

Earlier, a Supreme Court bench comprising Justice Pankaj Mittal and Justice Ahsanuddin Amanullah delivered a split verdict on Hussain’s plea. Justice Mittal opposed granting bail for election campaigning, cautioning that such a decision could open the floodgates for undertrials to request bail based on election participation. He noted that elections are an ongoing process and granting bail to every undertrial for election purposes could lead to widespread misuse of this provision.

On the other hand, Justice Amanullah felt that bail could be granted under certain conditions, emphasizing the importance of a fair political contest. Despite the differing opinions, the matter is now being taken up by a special bench for a final decision.

Earlier, the Delhi High Court had granted custody parole to Hussain on January 14, 2025, allowing him to file his nomination papers. However, the High Court refused interim bail from January 14 to February 9, citing the seriousness of the allegations against him. The court noted that Hussain is facing charges in over 11 FIRs related to the Delhi riots, with his involvement in the violence being a major concern. The Delhi High Court also highlighted his ongoing custody in a related money laundering and UAPA case, which further complicated his request for interim bail.

As the matter moves forward, all eyes are on the Supreme Court's decision, which could have significant implications for Tahir Hussain’s political future and the broader legal landscape regarding undertrial bail applications during election season.


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