The Supreme Court on Tuesday directed the Delhi police to provide a response regarding the interim bail plea of Tahir Hussain, the former councillor and a key accused in the 2020 Delhi riots. Hussain is seeking interim bail to participate in the upcoming Delhi assembly elections. The bench, consisting of Justices Pankaj Mithal and Ahsanuddin Amanullah, scheduled the next hearing for January 22, emphasizing the need for the Delhi police to be prepared to present their arguments.
During the proceedings, the bench expressed a preliminary inclination to consider granting interim bail, noting Hussain’s lengthy incarceration of nearly five years and the fact that he has already been granted bail in nine out of eleven cases against him. “If we are satisfied at this stage on merits that some case is made out then why not interim? You can’t shut your eyes to that,” remarked the bench.
Senior advocate Siddharth Aggarwal, representing Hussain, argued that his client had been in custody for over four years primarily on charges of inciting a mob during the riots. Despite the charges, the main accused in the riots have already been granted regular bail. The court was informed that out of the 115 witnesses cited by the prosecution, only 22 have been examined so far.
The Delhi High Court had earlier granted Hussain custody parole to file his nomination papers but denied his request for interim bail from January 14 to February 9 for campaigning. The High Court highlighted the serious nature of the allegations against Hussain, describing him as the main perpetrator of the violence that resulted in several deaths.
The prosecution argued that Hussain was the “main conspirator” and “funder” of the riots, suggesting that the complexities of contesting elections do not outweigh the gravity of the charges against him. The police stance is that Hussain can manage the electoral formalities, including campaigning, while on custody parole.
