Supreme Court Considers Tahir Hussain’s Petition For Interim Bail In Election Campaign

The Supreme Court is hearing a petition filed by Tahir Hussain, a former Aam Aadmi Party (AAP) councilor and AIMIM candidate, seeking interim bail to campaign for the upcoming assembly elections. A bench headed by Justice Pankaj Mithal is reviewing the application. During the hearing, senior advocate Siddharth Agarwal, representing Hussain, requested that the matter be heard the following day.

While addressing the petition, Justice Mithal made a pointed remark, stating, “It is easy to win elections while sitting in jail.” He further added that individuals like Hussain should be barred from contesting elections altogether. Agarwal, however, insisted that Hussain’s case was a legitimate one, with his nomination already accepted by the election authorities.

The court is set to continue hearing Hussain’s petition on January 21.

Delhi High Court Rejects Interim Bail

The petition follows a decision by the Delhi High Court, which had rejected Hussain’s request for interim bail. The court noted that Hussain is accused of being a conspirator in the 2020 Delhi riots, which resulted in the deaths of 59 people. The court emphasized that despite his status as a former councillor, he was not entitled to interim bail.

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Delhi Police strongly opposed the bail application, citing Hussain as a threat to society. Authorities argued that granting bail could lead to tampering with evidence and influencing witnesses. Additional Solicitor General (ASG) Chetan Sharma, representing the Delhi Police, pointed out that contesting elections was not a fundamental right and that nominations could be filed even from jail.

Serious Charges Against Hussain

The allegations against Hussain are severe, with accusations of his involvement in the murder of Intelligence Bureau (IB) employee Ankit Sharma. The trial in this case is at a critical stage, with four witnesses having turned hostile. Hussain faces charges under the Unlawful Activities (Prevention) Act (UAPA) and the Prevention of Money Laundering Act (PMLA). The Delhi Police further emphasized that the allegations were serious and that Hussain’s involvement in the riots should not be overlooked.

ASG Sharma also noted that Hussain’s case should not be compared to that of Delhi Chief Minister Arvind Kejriwal, who was granted bail to campaign for elections. Sharma argued that Kejriwal, as the head of a political party and a sitting chief minister, had a different legal standing.

In response, senior advocate Rebecca John, appearing for Hussain, pointed out that her client had been granted bail in eight of the 11 cases against him. She also noted that Hussain had already served half of his sentence in a money laundering case. John emphasized that Hussain’s involvement in the February 2020 riots, in which many lives were lost, had been the subject of extensive legal scrutiny.

Hussain’s Political Background And Expulsion from AAP

At the time of the riots, Hussain was a councillor with the AAP, but the party expelled him after he was found guilty of involvement in the violence. He is accused of inciting and funding the riots, which took place in North-East Delhi and caused significant loss of life.

As the Supreme Court prepares to hear Hussain’s petition on January 21, the outcome could have major implications for his ability to campaign and contest the elections.