NEW DELHI, Jan 21: The Supreme Court on Tuesday asked Delhi police to respond to a plea filed by former councillor and Delhi riots accused Tahir Hussain who has sought interim bail to campaign for the upcoming Delhi assembly polls.
A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah asked the Delhi police counsel to come prepared and argue the matter on the next hearing.
“Suppose, tentatively, we feel persuaded that he makes out a case for regular bail, then why not we should give at least interim?” said the bench.
It went on, “If we are satisfied at this stage on merits that some case is made out then why not interim? He is in jail for 4 years 10 months. He is only an instigator and 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 hearing was posted on January 22.
Senior advocate Siddharth Aggarwal, appearing for Hussain, submitted the former councillor was in custody for 4.10 years and inciting a mob during the 2020 Delhi riots was the only allegation against him.
The top court was informed that Hussain faced FIRs in 11 cases and was granted bail in nine matters.
He was arrested in the case on March 16, 2020.
The court was further informed that charges were framed after three years of Hussain’s custody and 115 witnesses were cited by the prosecution, of which only 22 have been examined.
The main accused have already been granted regular bail, he added.
Referring to the chargesheet, the top court noted his presence and said, “Your involvement is very much there.”
“We have to consider it, time for interim bail is expiring,” it said.
All such persons should be barred from contesting elections, the top court remarked hearing the case recently.
The Delhi High Court on January 14 granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.
It, however, refused his plea for interim bail from January 14 to February 9 to fight the polls, 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.
The high court said about 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.
The senior counsel counsel appearing for Hussain argued fighting elections was a complicated process, which required him to not only file his nomination by January 17 but also open a bank account and campaign.
Maintaining that contesting elections was not a fundamental right, the police had alleged that Hussain who was the “main conspirator” and “funder” of the February 2020 riots could complete formalities and fight polls on custody parole.
Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured.
According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Ankit Sharma, posted in the Intelligence Bureau, was missing since February 25, 2020.
Sharma’s mortal remains were reportedly recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.
Hussain, in the bail plea, said he spent 4.9 years in jail and though the trial started in the case, only 20 of the 114 prosecution witnesses were examined so far.
Pleading he had suffered a long incarceration, Hussain said the fact that several witnesses were still left to be examined meant the trial wouldn’t be over soon.
The co-accused, his plea said, allegedly involved in the riotous mob and committing the offence of murder were granted bail by the high court. (PTI)
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