SC grants custody parole to Tahir Hussain for campaigning in Delhi polls

The Supreme Court on Tuesday granted a six-day custody parole to former AAP councillor and February 2020 riots accused Tahir Hussain, who is contesting the Delhi assembly elections on an AIMIM ticket, allowing him to campaign. Custody parole means a prisoner is escorted by armed police to their designated visit location.

A full bench consisting of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta approved Hussain’s request to campaign while in police custody from January 29 to February 3. The court stipulated that he would be permitted to leave jail with security for up to 12 hours in accordance with jail regulations. Hussain could leave at around 6 a.m. and return by 6:00 PM.

The bench also ruled that Hussain’s parole would be contingent upon a deposit of Rs 2.47 lakh per day for security costs, including the police escort. The court restricted Hussain from visiting his home in Karawal Nagar, which is linked to the riots, and prohibited him from making any public statements regarding the case.

It was emphasised that this decision would not set a legal precedent, as it was based on the “peculiar facts and circumstances” of the case. The court also clarified that Hussain’s bail application in the Delhi High Court should be evaluated independently of this order.

Senior advocate Siddharth Aggarwal, representing Hussain, argued that only a few days remained for the campaign. He stated that Hussain, contesting from Mustafabad, would not visit his house and would stay in a hotel, providing necessary details.

Additional Solicitor General S.V. Raju opposed the plea, citing Hussain’s significant role in the riots. Raju argued that granting the relief would set a dangerous precedent, enabling others to file nominations from jail. The court instructed Raju to seek clarification on the expenses and security requirements and asked Aggarwal to inform them of the proposed undertakings.

This order was issued in response to Hussain’s request to campaign in custody for the upcoming elections. Hussain had previously failed to secure interim bail on January 22, after a split decision by a two-judge bench of the Supreme Court.

On January 14, the Delhi High Court granted custody parole to Hussain to file his nomination papers from Mustafabad. However, it rejected his plea for interim bail to contest the elections, citing the serious nature of the charges against him, including being a key figure in the violence that led to several deaths. The High Court noted that 11 FIRs were filed against Hussain in connection with the riots, and he was already in custody for a related money-laundering case and a case under the Unlawful Activities (Prevention) Act (UAPA).

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The riots in northeast Delhi, which began on February 24, 2020, resulted in 53 deaths and numerous injuries. Hussain is accused in a case related to the death of Intelligence Bureau staffer Ankit Sharma. The prosecution claims that on February 26, 2020, Ravinder Kumar reported his son Sharma missing, and his body was later found in the Khajuri Khas nullah with 51 injuries.

On January 22, a bench consisting of Justices Pankaj Mithal and Ahsanuddin Amanullah delivered a split verdict on Hussain’s plea. Justice Mithal rejected the plea, stating that no case had been made for release, while Justice Amanullah suggested that Hussain could be granted interim bail. The judges directed the matter to be referred to Chief Justice Sanjiv Khanna to form a new bench for a decision.