Delhi HC denies interim bail to Tahir Hussain, grants custody parole for election formalities - World News Network

New Delhi [India], January 15 (ANI): The Delhi High Court on Tuesday denied interim bail to Tahir Hussain, a former Aam Aadmi Party (AAP) councillor, who stands accused of playing a pivotal role in the 2020 riots in North East Delhi.
The court emphasized the seriousness of the allegations against him, highlighting his involvement in the violence that led to the deaths of 59 people.
However, the Court has granted custody parole to Tahir Hussain to allow him to file his nomination papers and participate in campaigning for the upcoming Assembly elections. Hussain, who is contesting from the Mustafabad constituency, has been fielded by the All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi.
Hussain had approached the Court seeking interim bail for the purpose of completing election-related formalities. Taking into account his criminal history, the nature of the allegations, and the circumstances surrounding the case, the Court granted him custody parole to take the oath and complete the necessary steps for his nomination.
The parole is subject to the following conditions:
He shall have no access to phones, whether mobile or landline, or to the internet.
He is not permitted to interact with anyone except for the officials involved in the nomination process.
He is prohibited from addressing the media.
While family members may be present during the nomination process, they are not allowed to take photographs or post any content on social media.
The court has instructed the state to facilitate the filing of Tahir Hussain’s nomination papers and ensure the necessary arrangements are in place for the process.
In its order, the court emphasized, “The State may coordinate with the concerned authorities to ensure that the entire process is completed in a timely manner, and the Applicant/Petitioner’s right to file his nomination is not affected in any way.”
The court, in its order, stated, “The gravity of the allegations against the Applicant/Petitioner, who is accused of being a key perpetrator in the 2020 riots in North East Delhi, which resulted in the deaths of approximately 59 people, cannot be overlooked. The mere fact that the Applicant/Petitioner had previously been a Municipal Councillor does not provide a peculiar circumstance that would justify granting interim bail.”
Earlier today, Delhi Police strongly opposed the interim bail plea of Tahir Hussain, an accused in the 2020 Delhi riots. He has sought interim bail to contest and campaign in the upcoming Delhi Assembly Elections.
The Delhi police argued before the Delhi High Court that although they were willing to grant custody parole to facilitate Hussain, they could not support his release on interim bail.
The police emphasized that “the right to fight elections is not a fundamental right” and expressed serious concerns over the potential consequences of allowing Hussain to campaign. They warned that his release could “create a threat to society” and feared that it might fuel further polarization, especially given the sensitive nature of the situation.
The police also described Hussain as “the principal figure in the riots,” highlighting the gravity of his role in the violence.
Meanwhile, Hussain’s counsel argued that the application was for interim bail only to file his nomination and campaign for the elections. They clarified that Hussain was willing to accept custody parole, but interim bail was necessary for him to actively participate in the election process.
Justice Neena Bansal Krishna, who was hearing the matter, reserved her judgment after the arguments. The court will issue its order in chambers.
Delhi Police Opposes Tahir Hussain’s Bail Plea, Cites Threat to Witnesses and Public Order. During the hearing of Tahir Hussain’s bail plea, Chetan Sharma, representing the Delhi Police, raised serious concerns, stating, “There’s a threat to the witnesses.”
Sharma further argued that “The right to fight elections is not a fundamental right,” as he urged the Delhi High Court to reject the plea. He also emphasized that under the UAPA, in which other accused have challenged the trial court’s order, “The petitioner lacks the compassion to apply for bail.”
Pointing to the evidence recovered from Hussain’s residence, Sharma added, “We are talking about 53 people dead, and the petitioner is the main person responsible.”
Sharma continued, “Granting bail for 4-5 weeks could exacerbate the situation and lead to further polarization.” The police argued that releasing Hussain on bail could fuel societal divisions, which they strongly opposed.
A First Information Report (FIR) was filed by Ankit Sharma’s father in February 2020, after his son went out to buy groceries and other household items but failed to return home for several hours. Concerned for his son’s safety, Sharma’s father filed a missing person’s report with the police. According to Delhi Police, the four accused were part of a violent mob that killed Sharma, and they were also involved in rioting and arson during the clashes.
The communal violence erupted in northeast Delhi on February 24, 2020, when tensions between supporters of the Citizenship Amendment Act (CAA) and protesters escalated, leading to at least 53 deaths and numerous injuries. (ANI)

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