The Supreme Court on Monday expressed its viewpoint that individuals like Tahir Hussain, the former councillor and accused in the Delhi riots, should be barred from contesting elections. This statement came as the court postponed the hearing of Hussain’s plea for interim bail, which he sought in order to campaign for the upcoming Delhi assembly elections, to January 21.
The bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah, faced with time constraints, adjourned the day’s session but not before responding to a last-minute request from Hussain’s lawyer to schedule the next hearing. “It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections,” the bench noted.
While the Delhi High Court had previously granted Hussain custody parole to file his nomination papers from the Mustafabad constituency on an AIMIM ticket, it denied his request for interim bail from January 14 to February 9. The High Court underscored the severity of the allegations against Hussain, described as the main perpetrator in the February 2020 riots that resulted in multiple deaths and significant unrest in northeast Delhi.
Despite the acceptance of his nomination, the court maintained the gravity of the crimes with which Hussain is charged, noting that he faces 11 FIRs related to the riots. He is also in custody in a related money laundering case and under the Unlawful Activities (Prevention) Act.
During the court proceedings, Hussain’s senior counsel argued that contesting elections is a complex process, requiring not only nomination filing but also the opening of a bank account and campaigning. Despite these needs, the police contended that Hussain, alleged to be the “main conspirator” and “funder” of the riots, could manage these activities under custody parole.
