SC tells Delhi Police to respond to Hussain’s plea for interim bail
The Supreme Court on Tuesday told the Delhi Police to respond to former councillor and Delhi riots accused Tahir Hussain’s petition, seeking interim bail to campaign in the ensuing Delhi Assembly elections.
A Bench of Justice Pankaj Mithal and Ahsanuddin Amanullah told the Delhi Police counsel to come prepared and argue the matter on Wednesday, the next day of hearing.
Senior advocate Siddharth Aggarwal, appearing for Hussain, submitted that the former councillor was in custody for four years and 10 months for inciting a mob during the 2020 Delhi riots and that was the only allegation against him.
As many as 53 people had died and over 700 injured in the communal violence that broke out in northeast Delhi on February 24, 2020 during the visit of the then US President Donald Trump. The violence had erupted during the protests against the Citizenship (Amendment) Act (CAA) and the National Register of Citizens (NRC).
Hussain, who was arrested in the case on March 16, 2020, faces FIRs in 11 cases and has been granted bail in nine cases, the court was told. The main accused have already been granted regular bail, Aggarwal submitted.
In its chargesheet, the prosecution has cited 115 witnesses who were cited by the prosecution, of which only 22 have been examined.
“Suppose, tentatively, we feel persuaded that he makes out a case for regular bail, then why not we should give at least interim?” the Bench asked.
“If we are satisfied at this stage on merits that a case is made out, then why not (grant) interim bail? He is in jail for 4 years 10 months. He is only an instigator and the very same allegation of instigation is in nine cases in which he has been granted bail. You can’t shut your eyes to that,” the Bench said, posting it for hearing on January 22.
However, referring to the chargesheet, the Bench said, “Your involvement is very much there. We have to consider it, time for interim bail is expiring,” said the Bench, which had earlier commented that all such persons should be barred from contesting elections.
The Delhi High Court on January 14 granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.
However, the High Court had refused his plea for interim bail from January 14 to February 9 to fight the poll, saying the gravity of allegations against Hussain, being the main perpetrator in the violence, resulting in the death of several persons, could not be overlooked.
About 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in money laundering and UAPA cases, the HC had noted.
