Delhi HC Grants Custody Parole to Tahir Hussain to File Nomination Papers

NEW DELHI:
The Delhi High Court on Tuesday granted custody parole to 2020 riots accused Tahir Hussain to enable him to file nomination papers for the upcoming Assembly polls.

Asaduddin Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM) has fielded Hussain as a candidate from the Mustafabad constituency for the coming elections.

As per the order of the Delhi HC, Hussain, while out on custody parole, will not have any access to the phone or the internet, will not interact with any person except the officials concerned in the nomination process, and will not address the media.

Further, family members of Hussain may remain present, but they would not be permitted to click photographs of the filing of the nomination, or to post the same on social media, the court order said.

Turning down Hussain’s plea for interim bail, a bench of Justice Neena Bansal Krishna ruled: “Merely because the Applicant/Petitioner had earlier been a Municipal Councilor, cannot be a peculiar circumstance entitling him to grant of Interim Bail.”

“Considering the antecedents, nature of allegations and having regard to the totality of circumstances, he (Hussain) is granted Custody Parole for subscribing the oath and to complete the formalities in respect of filing his Nomination Papers,” it said.

Earlier in the day, the Justice Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Aam Aadmi Party (AAP) councillor, and Additional Solicitor General Chetan Sharma, who appeared on Delhi Police’s behalf.

Opposing Hussain’s interim bail plea, ASG Sharma said that the AIMIM candidate, facing “gruesome allegations”, may file his nomination papers from Tihar jail or under custody parole.

Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.

“We are conceding that custody parole be granted to facilitate him to file nominations. Like others he can also contest,” he said, referring to the former councillor’s involvement in several criminal cases, including under the Prevention of Money Laundering Act (PMLA) and the UAPA (Unlawful Activities (Prevention) Act).

On the other hand, senior advocate John pleaded that Tahir Hussain be released on interim bail, from January 16 to February 9, for filing nomination and for the election campaign. John repeatedly laid emphasis that Hussain be temporarily released for campaigning.

A day before, Hussain’s counsel argued that the former AAP councillor should be released on interim bail since he needed to file nomination papers physically and give a true account of his assets.

The counsel cited the interim bail granted to J&K leader Engineer Rashid, accused in a terror funding case being probed by the National Investigation Agency (NIA), for election-related purposes.

On December 24, the Delhi HC issued a notice to the city police on a plea filed by Hussain seeking bail in connection with Intelligence Bureau officer Ankit Sharma’s murder case in the 2020 riots.

“Issue notice. [S]tatus report/reply be filed before the next date of hearing with an advance copy to learned counsel for the petitioner. [L]ist before the concerned Roster Bench on 14.01.2025,” it had ordered.

Meanwhile, the Delhi BJP has criticised AIMIM chief Asaduddin Owaisi for fielding Hussain as a candidate. It accused the AIMIM of acting as the AAP’s “B-team” and warned of serious consequences if any attempt was made to incite communal unrest in the national capital.

Speaking to IANS, BJP State Vice President Kapil Mishra accused Owaisi and other “secular parties” of provoking Hindus in Delhi by fielding Hussain. “This is a clear attempt to disrupt the peace in Delhi. Last time, Shaheen Bagh protests were staged before the elections. If riots are incited in the name of Tahir Hussain this time, there will be consequences,” he said.

Responding to the allegations, AIMIM’s national spokesperson Waris Pathan said: “Those making baseless allegations should introspect. People living in glass houses should not throw stones at others. Didn’t the BJP give a ticket to Pragya Singh Thakur, who is an accused in the Malegaon blast case?”

Pathan asserted that the AIMIM candidates, Tahir Hussain and Shafaur Rahman, are innocent. “They are undertrial prisoners. What will critics say when they are acquitted?” he asked.