SC grants custody parole to Mohd Tahir Hussain for Election Campaigning

New Delhi, Jan 28 (UNI) The Supreme Court on Tuesday granted custody parole to Mohd Tahir Hussain, an undertrial prisoner in the Delhi riots case, allowing him to canvass votes in the Mustafabad constituency as a candidate of the All India Majlis-e-Ittehadul Muslimeen (AIMIM) for the next month Delhi Assembly election.

Under the custody parole conditions, Hussain will be released for 12 hours daily, as per the Jail Manual, from January 29 to February 3 for campaigning.

The release is subject to his advance payment of stipulated expenses, including police escort fees, which he has agreed to bear entirely.

He is also prohibited from visiting his residence, which falls near the Mustafabad constituency and is allegedly linked to the criminal conspiracy in the riots case.

Hussain, along with the security escort, will stay at an accommodation specified by his counsel, Senior Advocate Siddharth Agarwal, or alternatively at a designated hotel.

The bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta while granting custody parole ordered Hussain to deposit Rs. 2,07,429 in advance, representing expenses for two days.

Advance payments for the remaining campaign period must be made on a two-day basis, with the first payment due by 6 PM today.

The Court also barred Hussain from making public comments about the case’s merits and clarified that this order shall not be treated as a precedent.

The Court emphasized that Hussain’s bail application pending before the High Court will be decided independently without influence from today’s order.

Hussain, a former Aam Aadmi Party councilor, is accused of the murder of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 North-East Delhi riots.

In March 2024, a trial court framed charges against him under several IPC sections, including 147, 148, 153A, 302, and 120B, with additional charges under Sections 505, 109, and 114.

Initially seeking interim bail from the Delhi High Court, Hussain’s plea was opposed by Delhi Police due to the gravity of the allegations, as he was allegedly a key perpetrator in riots that claimed the lives of 59 people.

On January 14, 2024, the High Court denied him interim bail but granted custody parole for filing his nomination papers and completing related formalities.

Following the High Court’s denial of interim bail, Hussain approached the Supreme Court seeking relief to campaign.

Earlier, the matter saw a split verdict by Apex Court bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah on Hussain’s plea challenging the High Court’s order.

Justice Mithal remarked during the proceedings that individuals like Hussain should be “barred from contesting.”

In light of the limited time left for campaigning and the peculiar facts of the case, the Supreme Court granted custody parole today, subject to strict conditions and compliance.

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