AIMIM candidate can file papers from prison: Court
The Delhi High Court on Monday observed that former AAP councillor Tahir Hussain, accused in several cases related to the 2020 Delhi riots, could file his nomination papers for the upcoming Assembly elections from jail.
Hussain, who has been in custody since March 2020, had approached the court seeking interim bail to contest the elections from the Mustafabad constituency on the All India Majlis-e-Ittehadul Muslimeen (AIMIM) ticket. Justice Neena Bansal Krishna said, “He (Hussain) can file his nomination papers while being in jail.”
In his plea, Hussain sought interim bail from January 14 to February 9 to allow him to file his nomination physically, open a bank account and campaign for the elections.
Additional Solicitor General Chetan Sharma, representing the police, opposed the interim bail, pointing out that inmates have previously filed nomination papers from prison.
“There are instances where inmates completed the process of filing nomination for elections while in custody. The latest precedent is of Amritpal Singh,” Sharma said. Hussain’s counsel countered that filing nomination papers was only part of the process.
“He has been chosen by a national party, and besides submitting nomination papers, he also has to campaign and declare his assets,” it argued. His counsel also cited the example of AAP national convener Arvind Kejriwal, who was granted interim bail last year to campaign for the Lok Sabha elections.
Hussain’s plea added his long incarceration of nearly five years and the slow progress of his trial. “Only 20 of the 114 prosecution witnesses have been examined so far,” the plea noted. It also highlighted that co-accused individuals, allegedly involved in the riotous mob and the murder offence, had been granted bail by the High Court. Hussain was accused in several cases arising from the North East Delhi riots, which broke out on February 24, 2020.
One of the cases against him involves the murder of Intelligence Bureau official Ankit Sharma, whose body was recovered from a drain in the riot-affected area. The court is to make a final decision on Hussain’s request for interim bail, scheduling the matter for further hearing on Tuesday.
