Such persons should be barred from fighting polls: Supreme Court on Tahir Hussain's plea

New Delhi: All such persons should be barred from contesting elections, the Supreme Court on Monday remarked as it deferred to January 21 the hearing on a plea filed by former councillor and Delhi riots accused Tahir Hussain who has sought interim bail to campaign for the upcoming Delhi assembly polls.

A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah adjourned the hearing due to paucity of time but just as it was rising for the day, Hussain's lawyer mentioned the matter and requested for a hearing on January 21.

"It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections," the bench remarked in response.

His lawyer submitted Hussain's nomination was accepted.

The Delhi High Court on January 14 granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.

It, however, refused his plea for interim bail from January 14 to February 9 to fight the polls, saying the gravity of allegations against Hussain, being the main perpetrator in the violence, resulting in the death of several persons, could not be overlooked.

The high court said about 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.

The senior counsel counsel appearing for Hussain argued 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, was missing since February 25, 2020.

Sharma's mortal remains were reportedly 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 he had suffered a long incarceration, Hussain 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.