Seeking bail for election campaign
Senior Advocate Rebecca John represented Hussain in court. Hussain has sought interim bail from 16th January to 9th February, citing the need to file nominations, open bank accounts, and campaign for the elections. John argued that Hussain has already served more than half of the custody period in one of the cases under the Prevention of Money Laundering Act (PMLA). She further asserted that he might eventually get acquitted in the 11 FIRs filed against him.
Strong opposition from Delhi Police
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.”
The Ankit Sharma murder case
Notably, the plea is linked to the case regarding the murder of Intelligence Bureau officer Ankit Sharma, whose body was recovered from a drain during the riots. His post-mortem report revealed 51 injuries inflicted by sharp and blunt weapons. The prosecution has alleged that Hussain, along with his associates, orchestrated the killing and other riot-related activities.
A case under multiple sections of the IPC, including murder, criminal conspiracy, and promoting enmity, was registered against Hussain and others. The trial court framed charges in December 2022 under sections 147, 148, 153A, 302, 365, 120B, 149, 188, and 153A of the Indian Penal Code (IPC). Hussain was additionally charged under sections 505, 109, and 114 of the IPC. Notably, the trial court denied him bail on 3rd December, citing no significant change in circumstances.
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.