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The court highlighted that “The gravity of allegations against the Applicant/Petitioner is that he was the main perpetrator to the Riots which took place in the year 2020 in NorthEast District, Delhi, which resulted in death of about 59 persons, cannot be overlooked”.
The Delhi High Court, on Tuesday, granted custody parole to Tahir Hussain to allow participation in the electoral process for the Assembly Elections from Mustafabad Constituency. The bench of Justice Neena Bansal Krishna held, “Merely because the Applicant/Petitioner had earlier been a Municipal Councilor, cannot be a peculiar circumstance entitling him to grant of Interim Bail”.
Senior Advocate Rebecca John, representing Hussain, emphasized that Hussain’s uninterrupted presence was essential for completing the nomination process, opening a bank account, canvassing, and other election-related formalities. It was noted that filing nomination papers required an affidavit confirming no prior convictions, photographs adhering to specified standards, and submission of an Oath of Allegiance as per Articles 84 and 173 of the Constitution of India.
Senior Advocate John argued that Hussain had been in judicial custody since 2020, and there was no likelihood of witness tampering as testimonies had already been recorded. It was further contended that Hussain’s right to contest elections should not be denied solely due to his status as an accused.
The application underscored that denial of interim bail would obstruct Hussain’s ability to fulfill his electoral obligations, thus infringing upon his fundamental right to contest elections. Consequently, Hussain sought interim bail from January 14, 2025, to February 9, 2025, to ensure smooth participation in the electoral process.
Additional Solicitor General Chetan Sharma, appearing for State, submitted that serious allegations were leveled against Hussain concerning the murder of Ankit Sharma, an Intelligence Bureau official under the Ministry of Home Affairs.
ASG Sharma further expressed its willingness to facilitate Hussain in completing the necessary formalities for filing nomination papers and opening a bank account. It was proposed that Custody Parole, rather than Interim Bail, could be granted for this purpose.
The court noted that Hussain was implicated in multiple cases related to the Delhi Riots of 2020. Additionally, it was noted that the investigation revealed the recovery of materials such as stones, bricks, petrol bombs, and acid drums from his residence, allegedly used during the riots.
The court permitted custody parole for the Applicant to take an oath and complete the formalities for filing nomination papers for the Delhi Assembly Elections, 2025, under strict conditions. These conditions included restrictions on communication, prohibition of media interaction, and limitations on social media activity by his family. The State was directed to facilitate the nomination process without undue delay. The Jail Superintendent and relevant authorities were instructed to ensure compliance, and the application was accordingly disposed of.
For Applicant: Senior Advocate Rebecca John with Advocates Rajiv Mohan, Tara Narula, Shivangi Sharma, Sonal Sarda, Rishabh Bhati, Anushka Baravah, Rehan Khan, Chinmay Kanojia, Nilanjan Dey and Chandveer ShoranFor Respondent: Additional Solicitor General Chetan Sharma, Special Public Prosecutor Rajat Nair with Advocates Dhruv Pande, Amit Gupta, Shubham Sharma and Vikramaditya SinghCase Title: Tahir Hussain v State (2025:DHC:173)
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