3-judge SC bench to hear on January 28 Tahir Hussain's plea for interim bail for poll campaigning

2020 Delhi riots accused Tahir Hussain

A three-judge bench of the Supreme Court is scheduled to hear on January 28 a plea moved by former councillor and February 2020 Delhi riots accused Tahir Hussain seeking interim bail to campaign for the upcoming Assembly polls in the capital.

Hussain failed to secure interim bail on January 22, after a two-judge bench of the apex court gave a split verdict.

According to the cause list of January 28 uploaded on the court's website, the plea is slated to come up for hearing before a bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta.

The Delhi High Court granted custody parole to Hussain on January 14 to file his nomination papers from the Mustafabad constituency on an All India Majlis-e-Ittehadul Muslimeen (AIMIM) ticket.

It had, however, declined his plea for interim bail from January 14 to February 9 to contest the February 5 election, saying the gravity of the allegations against Hussain, being the main perpetrator in the violence that resulted in the death of several people, could not be overlooked.

The high court said 11 FIRs were lodged against Hussain in connection with the riots and he was admittedly in custody in a related money-laundering case and a case registered under the stringent Unlawful Activities (Prevention) Act (UAPA).

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

Hussain is an accused in a case connected to the death of Intelligence Bureau staffer Ankit Sharma.

According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur police station that his son, Ankit Sharma, was missing since the previous day.

Sharma's body was reportedly found from the Khajuri Khas nullah in the riot-affected area and it bore 51 injuries.

On January 22, an apex court bench comprising Justices Pankaj Mithal and Ahsanuddin Amanullah delivered a split verdict on Hussain's plea.

While Justice Mithal dismissed Hussain's plea saying no case was made out, Justice Amanullah opined that he could be released on interim bail.

The judges asked the top court registry to place the matter before Chief Justice Sanjiv Khanna for the constitution of a new bench to decide the issue.