The Delhi High Court on Tuesday (14th January) denied interim bail to Tahir Hussain, a former Aam Aadmi Party councillor, who stands accused of playing a pivotal role in the 2020 anti-Hindu riots in North East Delhi. The court emphasized the seriousness of the allegations against him, highlighting his involvement in the violence that led to the deaths of 59 people.
However, the Court has granted Tahir Hussain custody parole to allow him to file his nomination papers and participate in campaigning for the upcoming Assembly elections. Hussain, who is contesting from the Mustafabad constituency, has been fielded by the All India Majlis-e-Ittehadul Muslimeen (AIMIM), led by Asaduddin Owaisi.
Hussain approached the Court seeking interim bail to complete election-related formalities. Considering his criminal history, the nature of the allegations, and the circumstances surrounding the case, the Court granted him custody parole to take the oath and complete the necessary steps for his nomination.
The parole is subject to the following conditions: He shall have no access to mobile or landline or the internet. He is not permitted to interact with anyone except for the officials involved in the nomination process.
He is prohibited from addressing the media. While family members may be present during the nomination process, they are not allowed to take photographs or post any content on social media.
The court has instructed the state to facilitate the filing of Tahir Hussain’s nomination papers and ensure the necessary arrangements are in place for the process. In its order, the court emphasized, “The State may coordinate with the concerned authorities to ensure that the entire process is completed promptly, and the Applicant/Petitioner’s right to file his nomination is not affected in any way.”
The court, in its order, stated, “The gravity of the allegations against the Applicant/Petitioner, who is accused of being a key perpetrator in the 2020 riots in North East Delhi, which resulted in the deaths of approximately 59 people, cannot be overlooked. The mere fact that the Applicant/Petitioner had previously been a Municipal Councillor does not provide a peculiar circumstance that would justify granting interim bail.”
As reported earlier, the Delhi Police opposed the interim bail plea of Tahir Hussain, former Aam Aadmi Party councillor and key accused in the anti-Hindu Delhi riots of 2020, in the Delhi High Court. Hussain has sought interim bail in the Ankit Sharma murder case to contest the upcoming Delhi Assembly elections as an AIMIM candidate.
Appearing for the Delhi Police and the state, Additional Solicitor General (ASG) Chetan Sharma, along with Special Public Prosecutor Rajat Nair, vehemently opposed the plea. Nair described Hussain as a “threat to society,” underscoring the severity of the allegations against him.
ASG Sharma suggested granting custody parole for filing nominations and related activities but objected to bail for election campaigning, citing the potential for witness tampering.
Sharma asserted, “The right to contest elections is not a fundamental right. Allowing him to campaign would disrupt proceedings. Four witnesses have already turned hostile.” He further described Hussain as the mastermind and primary conspirator in the riots, adding, “In UAPA and ED cases, jail is the rule and bail is the exception.”
Role of Tahir Hussain in the Delhi riots
It is notable to mention that Tahir Hussain had earlier confessed in a disclosure statement that he chose his own house as a launchpad for the riots. Given that his house was a high-rise building and was under construction at that time, it was easy to collect stones and bricks without raising any suspicion.
He confessed that he and his co-conspirators had started collecting stones, bricks, and other ammunition, well in advance so that they could teach those, who were in support of the CAA, a lesson when the time was right. To that end, 2-3 days before the riots broke out, he had also got his licensed pistol released from the police station.