Tahir Hussain’s Interim Bail Plea Referred To CJI After Split Verdict In Supreme Court

The Supreme Court has denied interim relief to Tahir Hussain, an accused in the Delhi riots case. A split verdict was delivered by Justices Pankaj Mithal and Amanullah on his interim bail plea. The case was referred to the Chief Justice of India (CJI), who will form a three-judge bench to hear the matter.

Justice Amanullah raised concerns over the evidence in the case, particularly regarding material found on Hussain’s roof. He questioned how stone-pelting could occur 1 km away from the scene, given that other houses were burning at the time. The Additional Solicitor General (ASG) cautioned against drawing conclusions prematurely. Hussain’s regular bail petition remains pending in the Delhi High Court.

Request For Election Campaigning Bail

Tahir Hussain has requested for interim bail to campaign in the upcoming Delhi elections. His plea argues that custody parole is insufficient for him to participate in the electoral process. However, the High Court had previously refused interim bail, stating that election campaigning does not constitute a fundamental right.

The Supreme Court noted that if interim bail were granted for election campaigning, it could open a floodgate of similar requests from other prisoners, leading to widespread litigation. The court emphasized that while the right to vote is protected, campaigning is not a statutory right and depends on the court’s discretion.

Justice Amanullah’s Dissenting Opinion

Justice Amanullah expressed a different view from Justice Pankaj Mithal. He noted that Hussain had been in jail for five years, with many bail petitions pending. The judge pointed out that despite serious charges, Hussain had a good record as a councilor before his imprisonment. Justice Amanullah suggested that, considering the prolonged detention, Hussain should be granted temporary bail for campaigning purposes.

Justice Amanullah also compared Hussain’s case with that of Delhi Chief Minister Arvind Kejriwal, who was granted bail for election campaigning despite facing serious allegations.

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