On Tuesday, January 14th, the Delhi High Court refused interim bail to Tahir Hussain. Hussain is the former Aam Aadmi Party councillor and the main conspirator in the 2020 anti-Hindu riots that took place in North East Delhi and claimed lives of 59 people.
However, the Court granted Tahir Hussain custody parole. This was to allow him to file nomination papers and campaign for the next Assembly elections which is going to be held in Delhi. Tahir Hussain is contesting from the Mustafabad constituency. He has been nominated by the All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi.
Tahir Hussain sought interim bail citing election-related obligations. The court granted custodial parole, considering his criminal past and the nature of the allegations. This parole will enable him to take the oath and complete formalities for his candidacy.
Though Parole is subject to several conditions. Tahir Hussain will not have access to a mobile phone, landline, or the internet. He is also barred from speaking to anyone other than officials involved in the nomination process. He is prohibited from addressing the media. Family members may attend the nomination process but cannot take photographs or share content on social media.
The court directed the state to assist with filing Hussain’s nomination papers. The state is to make all necessary arrangements for the procedure. The court emphasized ensuring Hussain’s right to file his nomination is not affected.
The court stated, “The gravity of the allegations against the Applicant/Petitioner cannot be overlooked.” It noted that Hussain is accused of being a key perpetrator in the 2020 riots in North East Delhi. These riots resulted in the deaths of approximately 59 people.
Earlier, the Delhi Police opposed Hussain’s interim bail plea in the Delhi High Court. Tahir Hussain is a key accused in the anti-Hindu Delhi riots of 2020. He sought bail in the Ankit Sharma murder case to contest the Delhi Assembly elections as an AIMIM candidate.
Additional Solicitor General (ASG) Chetan Sharma and Special Public Prosecutor Rajat Nair opposed the plea. Nair described Hussain as a “threat to society,” highlighting the seriousness of the allegations.
ASG Sharma proposed granting custody parole to file nominations. However, he objected to bail for election campaigning, citing the risk of witness tampering. Sharma asserted, “The right to contest elections is not a fundamental right.” He stated that allowing Hussain to campaign could disrupt proceedings. Sharma noted that four witnesses had already turned hostile.
He described Hussain as the mastermind and primary conspirator in the riots. He further stated, “In UAPA and ED cases, jail is the rule, and bail is the exception.” In a disclosure statement, Tahir Hussain admitted to using his residence as a launchpad for rioting. His property was a high-rise under construction at the time. This made it easy to collect stones and bricks without suspicion.
Tahir Hussain admitted that he and his co-conspirators stockpiled weapons in advance. They gathered stones, bricks, and other items to target those supporting the CAA. Two to three days before the riots, Hussain also retrieved his licensed weapon from the police station.
Letting these fundamentalists to contest an election is a betrayal to the people who died in the riots. Providing party tickets to Hussain for the Delhi election also exposes the fundamentalist and radical ideology of AIMIM.
