2020 Northeast Delhi riots accused: SC likely to hear Tahir Hussain’s interim bail plea next week

Hussain has sought interim bail from January 14 to February 9 to participate in the polls. On January 14, the Delhi High Court had refused to grant him interim bail but allowed him custody parole to file his nomination. Following this, he had approached the SC.

Hussain’s appeal challenging the HC order was heard by an SC bench of Justices Pankaj Mithal and Ahsanuddin Amanullah. They, however, delivered a split verdict on January 22 with Justice Mithal dismissing it and Justice Amanullah granting him interim bail.

Since it was a split verdict, the matter was directed to be placed before the Chief Justice of India to set up a three-judge bench to hear it.

Dismissing the interim bail plea, Justice Mithal had said, “Most cases against the petitioner are in respect of riots in Delhi during February 2020 and in many of them, he had been granted bail. Nonetheless, the present case pertains not only to rioting but also the murder of Ankit Sharma, an official of the Intelligence Bureau…”

Justice Mithal said campaigning for elections is not one of the purposes recognised for grant of interim bail and granting it for such purpose “will open a Pandora’s box…”

“…In this country, election in some form takes place throughout the year and accused persons in jail may take undue benefit of it… even if they are not serious in contesting elections, they would move interim bail application to participate in the election knowing fully well they are likely to lose or are not serious contenders.”

Justice Amanullah, while allowing the interim bail, had said though the “allegations” against Hussain “are grave and reprehensible, but as of this moment they are exactly that — allegations”. He added, “…it is settled law that magnitude and gravity of the offence alleged are not grounds, in and by themselves, to deny bail.”