The Delhi High Court was informed on Monday that Tahir Hussain, the former AAP councillor embroiled in multiple cases related to the February 2020 riots, is eligible to file his nomination papers for the upcoming assembly polls from jail. This clarification came from Additional Solicitor General Chetan Sharma during a hearing on Hussain’s plea for interim bail in connection with a riot-related murder case.
Justice Neena Bansal Krishna noted that there were precedents, such as the case of Amritpal Singh, allowing inmates to participate in the election process from within prison confines. Sharma reiterated this point, suggesting that the filing of nomination papers could indeed proceed without the need for Hussain to be released.
However, Hussain’s legal team argued that beyond merely filing nomination papers, he needed to be on the ground to campaign and manage related electoral necessities like declaring assets and opening a bank account. They referenced a previous instance where interim bail was granted to Rashid Engineer, enabling him to contest in the Lok Sabha polls.
Hussain, who has been in custody since March 2020, is seeking interim bail from January 14 to February 9 to contest from the Mustafabad constituency on an AIMIM ticket. His application for bail, submitted by advocate Tara Narula, includes requests for physical presence to complete the necessary formalities for his candidacy.
The matter has been scheduled for further hearing on Tuesday. Hussain’s ongoing bail plea highlights the prolonged nature of his trial, where only 20 of the 114 prosecution witnesses have been examined so far. His plea points to the lengthy incarceration and the slow pace of the trial as grounds for the requested relief, especially noting that co-accused individuals have already been granted bail.
