New Delhi: The two-judge bench of the Supreme Court on Wednesday issued a split order on a plea by AIMIM candidate and Delhi riots accused Tahir Hussain, seeking interim bail to campaign for the Delhi Assembly elections.

While Justice Pankaj Mithal refused to grant interim bail to Hussain, Justice Ahsanuddin Amanullah allowed interim bail to him for campaigning in the Delhi elections.

Justice Mithal, declining to release Hussain for campaigning ahead of the election, stated that interim bail cannot be granted as it may "open a Pandora's box."

"In the event that interim bails are allowed for contesting elections, it will open a pandora's box. Since elections in the country are all year round, every under trial would come with the plea that he wants to participate in elections and therefore be granted interim bail. This would open floodgates, which in my opinion can't be permitted. Secondly, once such right is recognised, as a sequel, the petitioner would ask for the right to vote, which is circumscribed by Section 62 of the Representation of Peoples Act," Justice Mithal stated in the order.

The judge further explained that the right to contest in elections is not a fundamental right.

Justice Mittal Highlighted The Possibilities

Justice Mithal also highlighted the grave allegations against Hussain, suggesting that there is a high possibility he may influence witnesses if allowed to campaign.

He added that releasing Hussain on interim bail for canvassing would allow him to conduct door-to-door campaigns and hold meetings in the locality where the crime took place and where witnesses reside, increasing the risk of him meeting potential witnesses.

"It may also be worth mentioning that canvassing for 10-15 days would not suffice the purpose in as much as a constituency has to be nurtured for years, for contesting. If petitioner had not nurtured it for the past few years sitting in jail, there is no reason why he should be released," Justice Mithal said.

On the other hand, Justice Amanullah ordered the release of Hussain on interim bail, subject to certain conditions.

While noting that the allegations against Hussain are grave and serious, Justice Amanullah said they remain allegations at this stage. He also pointed out that Hussain has already spent five years in custody and has been granted bail in other cases.

Justice Amanullah ordered Hussain's release on interim bail until February 4, 2024, subject to the conditions outlined in Section 482 and 484 of the BNSS 2023.

"Hussain should not raise the issues in the FIRs during his campaigning and should surrender by the forenoon of February 4, 2024," Justice Amanullah said in the order.

About The Case

Hussain, a former Aam Aadmi Party councillor, was granted custody parole by the Delhi High Court on January 14 to file his nomination from the Mustafabad constituency.

He has challenged the Delhi High Court's order, which had denied him interim bail to campaign for the upcoming Delhi elections.

In the High Court, Delhi Police opposed Hussain's plea for interim bail, citing the gravity of the allegations against him, asserting that he was a main perpetrator in the violence that led to the death of several people.

The High Court had noted that 11 FIRs had been registered against Hussain in connection with the riots, and that he was already in custody in related money laundering and UAPA cases.

Hussain is also charged in the murder case of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 North-East Delhi riots.

Violence broke out in North-East Delhi on February 24, 2020, leaving 53 dead and many others injured.

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