Delhi Assembly Elections 2025| Tahir Hussain can file nomination from jail, HC told

Additional Solicitor General Chetan Sharma, while responding on behalf of the police to Hussain's plea seeking interim bail in a riots-related murder case, said there were instances when inmates completed process of filing nomination from prison.

New Delhi: Former Aam Aadmi Party (AAP) councillor Tahir Hussain, accused in several cases arising out of the February 2020 riots, can file his nomination papers from jail itself, the Delhi High Court was told on Monday.

Additional Solicitor General Chetan Sharma, while responding on behalf of the police to Hussain's plea seeking interim bail in a riots-related murder case, said there were instances when inmates completed the process of filing nomination for elections from prison.

"Latest precedent is of Amrtipal Singh," the law officer said.

Justice Neena Bansal Krishna also orally observed that Hussain could file nomination papers while sitting in jail.

The counsel appearing for the accused responded that he had been chosen by a national party and besides submitting nomination papers, he also had to campaign and declare his assets.

He further said that interim bail was granted by trial court to Rashid Engineer last year for contesting the Lok Sabha polls.

It was also emphasised that Hussain was in custody since March 2020 and was in the process of seeking the relief of interim bail in two other riots cases from courts concerned.

The court listed the matter for further hearing on Tuesday.

Hussain had moved the court last week seeking interim bail from January 14 till February 9 to fight Assembly polls from Mustafabad constituency on a AIMIM ticket.

He sought the reprieve to physically file the nomination form, open a bank account and canvass.

The application, filed by advocate Tara Narula, formed part of Hussain's pending bail plea in the case.

Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured.

According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Ankit Sharma, who was posted in the Intelligence Bureau, was missing since February 25, 2020.

It was alleged Sharma's mortal remains were recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.

Hussain, in the bail plea, said he had spent 4.9 years in jail and though the trial started in the case, only 20 of the 114 prosecution witnesses were examined so far.

Hussain said he had suffered a long incarceration and since there were many witnesses left to be examined, the trial wouldn't be concluded soon.

The co-accused persons, his plea said, allegedly involved in the riotous mob and committing the offence of murder were granted bail by the high court.