Delhi High Court allows custody parole to Tahir Hussain to file nomination for polls, refuses interim bail due to gravity of offence

New Delhi: The Delhi High Court on Tuesday granted custody parole to former AAP councillor Tahir Hussain in a riots-related murder case to enable him to file nomination papers from the Mustafabad constituency on an AIMIM ticket.

Justice Neena Bansal Krishna refused his plea for interim bail from January 14 till February 9 to fight the polls, saying that the gravity of allegations against Hussain, that he was the main perpetrator in the violence which resulted in the death of several persons, could not be overlooked.

Merely because he was a former municipal councillor would also not entitle him to interim bail, the court said as it imposed several conditions on Hussain during his custody parole including barring him from interacting with media or any person except the officials concerned in the nomination process.

The court stated that as many as 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.

"Considering the antecedents, nature of allegations and having regard to the totality of circumstances, he is granted custody parole for subscribing the oath and to complete the formalities in respect of filing his Nomination Papers," the court ordered.

The court asked the authorities to facilitate the filing of nomination papers and completion of other formalities.

The State may coordinate accordingly with the authorities concerned so that the entire process is completed in a timely manner and the petitioner's right of filing nomination is not impacted in any manner, it said.

The court clarified that Hussain would not interact with any person except the officials concerned in the nomination process or address the media.

It also said the family members of the accused could remain present but they would not be permitted to click photographs of the filing of nomination or to post the same on social media.

Hussain's senior counsel had argued that fighting elections was a complicated process, which required him to not only file his nomination by January 17 but also open a bank account and campaign.

Maintaining that contesting elections was not a fundamental right, the police had alleged that Hussain who was the "main conspirator" and "funder" of the February 2020 riots could complete formalities and fight polls on custody parole.

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, posted in the Intelligence Bureau (IB), had been missing since February 25, 2020.

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 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.

Pleading that he had suffered a long incarceration, he said the fact that several witnesses were still left to be examined meant the trial wouldn't be over soon.

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