New Delhi, Jan 24 (IANS) A 3-judge Bench of the Supreme Court is slated to hear next week a plea filed by former Aam Aadmi Party (AAP) councillor and 2020 riots accused Tahir Hussain seeking interim bail to campaign ahead of the Delhi Assembly elections.
As per the causelist published on the website of the apex court, a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta will take up Tahir Hussain’s special leave petition on January 28 as the first item on board.
The Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency.
Two days ago, a 2-judge Bench of the top court delivered a split verdict on Tahir Hussain’s petition. While Justice Pankaj Mithal dismissed his plea, Justice Ahsanuddin Amanullah was inclined to order Tahir Hussain’s release on interim bail in view of his incarceration of over four years on the charge of being an instigator during the 2020 riots in the national capital.
Resultantly, the 2-judge Bench ordered the file to be placed before the Chief Justice of India, who is the master of the roster, for referring the matter to another bench.
On Tuesday, the Supreme Court had sought the Delhi Police’s response observing that Tahir Hussain’s long incarceration of over four years would entitle him to regular bail.
“Suppose we are satisfied on merit that a ground is made for considering regular bail, why should we not grant him? We can’t shut our eyes to that,” Justice Amanullah told the Delhi Police.
A day before, the apex court had adjourned the hearing till January 22 on Tahir Hussain’s petition seeking interim bail.
When mentioned for urgent hearing, Justice Mithal had remarked: “It is easy to win elections sitting in jail. All such persons should be barred from contesting elections.”
Earlier, the Delhi High Court had turned down Tahir Hussain’s plea for interim bail but granted him parole to enable him to file nomination papers for the upcoming Assembly polls.
As per the order of the Delhi High Court, Hussain, while out on custody parole, will not have any access to the phone or Internet, will not interact with any person except the officials concerned in the nomination process, and will not address the media.
On January 14, the Justice Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Councillor, and Additional Solicitor General (ASG) Chetan Sharma, who appeared on behalf of Delhi Police.
Opposing Hussain’s interim bail plea, ASG Sharma said that the AIMIM candidate, facing “gruesome allegations”, may file his nomination papers from Tihar jail or under custody parole. Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.
–IANS
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