Justice Mithal said allowing interim bail to Tahir Hussain would set a wrong precedent while Justice Amanullah argued that magnitude of offense and gravity is not the only criteria for bail cases.
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.
Asaduddin Owaisi's AIMIM has fielded riot-accused and former AAP councillor Tahir Hussain as their candidate from Mustafabad for the upcoming Delhi Assembly elections.
Delhi Police submitted in court that Delhi riots were a result of a deep-rooted conspiracy hatched after the Citizenship Amendment Bill was introduced in Parliament on December 4, 2019.
The court noted that Hussain's plea did not clarify how the statements would benefit his defence, stating that it was neither necessary nor desirable to call for the witness statements as requested.
The court noted that there was a direction to provide an advance copy to the counsel for the accused. However, neither an advance copy has been supplied nor even a reply has been filed in the Court. "In these circumstances, let the Special Director (Directorate of Enforcement) appear in person on the next date on December 8 at 2.00 PM," ASJ Rawat ordered on December 5, 2023.