Releasing Tahir Hussain on interim bail for poll campaigning may accentuate polarisation: Delhi Police to HC
Delhi Police argue that the right to contest polls is not fundamental and that Tahir Hussain, a former AAP councillor, ‘is a threat to society’.
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The court was hearing an interim bail plea filed by Hussain, an accused in the 2020 Northeast Delhi riots case. (Express File) Delhi Police informed the Delhi High Court on Tuesday that it would facilitate custody parole for former AAP councillor Tahir Hussain to file nomination for the Assembly polls but opposed the grant of interim bail for campaigning, suggesting that it may “accentuate polarisation”.
The court was hearing an interim bail plea filed by Hussain, an accused in the 2020 Northeast Delhi riots case. He joined the AIMIM last month and is set to contest the Assembly elections from the Mustafabad constituency.
Additional Solicitor-General Chetan Sharma, representing the police, submitted before Justice Neena Bansal Krishna, “…for 4-5 weeks to have you (Hussain) out (on interim bail), that is being opposed (by the police)…it is fraught with accentuating that particular polarisation (that occurred during the 2020 Northeast Delhi riots), which is very sensitive…we can’t afford that.”
Senior advocate Rebecca John, appearing for Hussain, said her client was ready to accept custody parole allowing him to file his papers, open a bank account and complete other necessary formalities from jail. However, John pressed for interim bail to campaign.
“I’m on bail in 8 matters…regular bail in the UAPA case is pending before the trial court…I can arguably be acquitted in all 11 cases…campaigning will be over on February 4…even if I’m granted custody parole, I’m willing to take it, but subsequent to that please grant bail for campaigning…” John submitted.
Sharma further opposed Hussain’s plea for interim bail, sought for the January 14-February 9 period, adding that “he is a threat to society…here he is the main dramatis personae, main funder”.
Hussain, who has been in custody since March 16, 2024, faces charges of killing Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 riots. He has 11 cases against him, including the UAPA larger conspiracy case related to the riots and a money-laundering case. The AAP suspended Hussain after he was named as an accused in the riots case.
In his plea for interim bail, Hussain also relied on the Supreme Court judgment in favour of AAP chief Arvind Kejriwal in 2024, when he was granted bail to participate in the Lok Sabha elections. Sharma, however, said Kejriwal’s case had a different legal and factual matrix.
“…Right to contest (elections) is not fundamental…if there are serious charges, you can file your nomination and posit yourself as a candidate, but campaigning and influencing witnesses cannot be permitted…the charge here is of murder and murder of an IB official, Ankit Sharma…his dead body was found, sharp injuries on the head and face, and four witnesses have already turned hostile. The trial is at a crucial stage…all witnesses are from the same locality,” the additional solicitor-general said.
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