Supreme Court allows Tahir Hussain to campaign for Delhi assembly polls under police custody

The Supreme Court on Tuesday allowed former Aam Aadmi Party councillor Tahir Hussain to campaign for the upcoming Assembly polls in the national capital under police custody. Hussain will be allowed to campaign from January 29 to February 3 for 12 hours a day according to jail manual.

In addition, the the apex court subjected the political leader to submit Rs 2.47 lakh per day as part of security expenses.

Currently, Hussain is lodged in Tihar Jail after being convicted in the February 2020 Delhi riots incident. Meanwhile, prior to the verdict, the accused requested the top court on Tuesday to be allowed to campaign. Senior advocate Siddharth Aggarwal, appearing for Hussain, told a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta that only four-five days are left for campaigning so he be allowed to connect with the electorate under police custody.


"The place where my house is alleged to have been where Delhi riots took place. I am fighting for Mustafabad seat and even for staying purposes, I am saying I will not go to the house and will stay in a hotel and provide details," Aggarwal said.

Split verdict in last hearing

In its last hearing on Wednesday, the apex court had delivered a split verdict in the former AAP councillor's bail plea to campaign for the upcoming state polls.

The bench, consisting of Justices Pankaj Mithal and Ahsanuddin Amanullah, was divided on the matter. Justice Mithal rejected Hussain's plea, while Justice Amanullah ruled that Hussain should be granted interim bail.

Justice Mithal had expressed concerns that granting interim bail could set a dangerous precedent, opening the door for other prisoners to seek temporary release to participate in elections.

"Since elections are held year-round, every prisoner could claim they want to participate and ask for interim bail, which would flood the courts with such requests." He also stressed that granting bail could allow Hussain to influence witnesses, given the serious allegations against him.

Justice Mithal further ruled that the right to campaign in elections is not a fundamental right, rejecting Hussain's request.

Conversely, Justice Amanullah held that Hussain should be granted interim bail, subject to conditions. These conditions included a strict ban on Hussain discussing the Delhi riots cases during his campaign and an obligation to surrender to jail authorities once the bail term expired.

Justice Amanullah also raised questions about the delay in completing the trial, pointing out that only four of the five eyewitnesses had been examined, despite the chargesheet being filed in June 2020. "Why has the trial not been completed in five years?" the judge remarked, adding, "You cannot treat someone this way."

Hussain had initially approached the Delhi High Court for interim bail in connection with a murder case linked to the killing of Intelligence Bureau staffer Ankit Sharma during the 2020 Delhi riots. His request was denied, but he was granted custody parole to file his nomination for the Delhi elections. Subsequently, Hussain turned to the Supreme Court for interim bail.