Tahir Hussain, the former councilor implicated in the February 2020 Delhi riots, has approached the Supreme Court with a request to allow him to campaign for the upcoming Delhi assembly elections while under police custody. Represented by senior advocate Siddharth Aggarwal, Hussain is pressing to engage with voters in the few remaining days before the campaign period ends.
During the hearing before Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, Aggarwal argued for Hussain’s right to connect with his constituency under strict supervision, suggesting that he could stay in a hotel instead of his home, which is located in the riot-affected area of Mustafabad. Hussain has proposed to contest the Mustafabad seat on an All India Majlis-e-Ittehadul Muslimeen (AIMIM) ticket.
The request, however, faces significant opposition from Additional Solicitor General SV Raju, who underscored the gravity of Hussain’s alleged role in the riots. Raju expressed concerns that granting such a request could set a precedent that might encourage other detained individuals to seek similar concessions.
The Supreme Court has directed Raju to provide details on the potential security measures and costs associated with Hussain’s proposed campaigning under custody. Meanwhile, Hussain’s legal team has been asked to outline specific undertakings he would adhere to if the court grants his request.
This legal development follows a recent decision by the Delhi High Court, which allowed Hussain custody parole on January 14 to file his nomination papers. However, his subsequent plea for interim bail was denied by the apex court on January 22, after a split verdict from a two-judge bench.
The backdrop to these legal battles is the violent unrest that swept through northeast Delhi on February 24, 2020, which resulted in 53 fatalities and numerous injuries. Hussain is specifically charged in connection with the death of Intelligence Bureau staffer Ankit Sharma, whose body was discovered in a drain in the riot-stricken area with multiple injuries.
