Police opposes Delhi riots accused Tahir Hussain’s interim bail plea for Assembly polls, High Court reserves decision

The accused's counsel argued that his client had been selected by a national party and needed to campaign, besides submitting nomination papers, and also declare his assets

The Delhi High Court was informed on Monday that former AAP councillor Tahir Hussain, facing several charges stemming from the February 2020 riots, is permitted to file his nomination papers from jail itself.

Additional Solicitor General Chetan Sharma, speaking on behalf of the police, highlighted during Hussain's interim bail hearing in a riots-related murder case that inmates have, in the past, filed nominations from prison.

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

Justice Neena Bansal Krishna, too, noted orally that Hussain could file nomination papers while being in jail.

The accused's counsel argued that his client had been selected by a national party and needed to campaign, besides submitting nomination papers, and also declare his assets. He also cited the case of Rashid Engineer, who was granted interim bail by a trial court last year to contest 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.

Last week, Hussain moved the court seeking interim bail for the period between January 14 to 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.