The Supreme Court on Tuesday (January 21, 2025) heard the interim bail plea of Tahir Hussain, an accused in the anti-Hindu riots in Delhi and AIMIM candidate in the assembly elections. This petition was filed for the campaign of Delhi Assembly elections. During the hearing, there was a deep discussion about the case among the judges. In the Supreme Court, a division bench of Justice Pankaj Mittal and Justice Ahsanuddin Amanullah asked Delhi Police to clarify why Tahir Hussain should not be granted interim or regular bail.
Let us tell you that Tahir Hussain is facing serious allegations of involvement in the 2020 Delhi riots and murder of IB employee Ankit Sharma. He has been in jail for four years and ten months in this case. Earlier, the Delhi High Court had rejected his interim bail plea and granted him custody parole only for nomination.
of reports according toAt the beginning of the hearing, Justice Pankaj Mittal said that there are 11 cases registered against Tahir Hussain, out of which he has got bail in 9 cases. But he is still in jail in two cases, one of which is money laundering and murder of IB officer Ankit Sharma. Justice Mittal had commented, “It has become easier to contest elections while in jail. But such people should be stopped from contesting elections.” He also asked senior advocate Siddharth Aggarwal why Tahir Hussain was demanding only interim bail. He said, “Elections are not everything in life. If you want to get bail then apply for regular bail.”
On the other hand, Justice Ahsanuddin Amanullah different perspective kept. He questioned Delhi Police that when Tahir Hussain has been granted bail in 9 other cases, why can’t he get bail in this case. He said, “If the charges are the same in other cases and bail has been granted in them, then what is different in this case? If he is not the main accused but is merely an instigator, then what is the justification for keeping him in jail for more than five years?”
Senior advocate Siddharth Aggarwal said in his argument that Tahir Hussain has spent four years and ten months in jail. He said that the only allegation against Hussain is that he instigated the mob. The main accused have been granted regular bail. Aggarwal also said that Tahir Hussain had made several PCR calls for help during the riots.
During the hearing, Justice Mittal raised objections to certain facts in the High Court order. He said that Hussain should have applied to the High Court to correct the mistake in the order. He also clarified that the court is not in favor of granting interim bail at present.
Justice Amanullah stressed the need to take Tahir Hussain’s bail plea seriously. “We are considering the merits of the case,” he said. If we feel that there are grounds for regular bail, then why not grant interim bail? He has been in jail for more than five years, and has been granted bail in cases where the charges are similar.”
Advocate Rajat Nair, appearing for Delhi Police, sought time from the court so that he could present his arguments on the matter. On this the court adjourned the hearing of the case till Wednesday.
It is noteworthy that Tahir Hussain is accused of being the main conspirator of the 2020 Delhi riots. He was in Aam Aadmi Party at that time and was a councillor. There are many serious charges against him including the murder of IB officer Ankit Sharma. The Delhi High Court had earlier granted him custodial parole to file nomination for the elections, but had refused to grant him bail. Now Hussain is seeking interim bail for election campaign.
