AIMIM candidate Tahir Hussain (centre) is an accused in the murder of an Intelligence Bureau officer during the 2020 Delhi riots.
| Photo Credit: PTI
The Supreme Court on Tuesday (January 28, 2025) allowed the release of Tahir Hussain, AIMIM candidate for the Delhi Assembly polls, on custody parole for poll campaigning on a daily basis for the period between January 29 and February 2, 2025.
A three-judge Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta directed Mr. Hussain to pay in advance, for two days at a time, the expenses for the jail van, police officers who will provide him security and an escort vehicle. The amount would come to a little over ₹2,00,000 per day approximately. The first deposit of expense money has to be paid to the Delhi Police before 6 p.m. on Tuesday (January 28, 2025).
The daily parole would last 12 hours as per the jail manual timings. The court was informed that the manual prescribed parole between 6 a.m. and 6 p.m.
Delhi Assembly Election 2025 updates – January 28, 2025
Mr. Hussain’s counsel gave an undertaking that his client would not make any public comments about the pending cases against him. He would be allowed to visit the party office and hold meetings within his constituency.
The court made it clear that the order would not be taken as a precedent and was given under the peculiar facts and circumstances of the case.
In an earlier hearing in the morning, the Bench had asked the Delhi Police’s response to the suggestion of releasing Hussain on custody parole. The court had asked the police to provide details of security required for Hussain and expenses that have to be met.
The court had asked Additional Solicitor General S.V. Raju to provide the expense details by 2 p.m. on Tuesday (January 28, 2025) while suggesting a hearing on Wednesday (January 29, 2025) on the question of custody parole.
The morning court session had witnessed senior advocate Siddharth Agarwal, for Mr. Hussain, argue that every passing day reduced the impact of any relief that may come to his client.
Mr. Raju had opposed the custody parole, complaining about the number of police personnel which would be required for Hussain’s escort and security when officers needed to deployed for other candidates ahead of the election scheduled on February 5.
“But how many candidates have filed nominations, not everyone… It is not that he [Hussai] is a first-timer. He has been in public service and politics for a long time,” Justice Nath had reacted.
Mr. Raju said it was too short a time for Mr. Hussain to “nurture” his constituency.
“That is his lookout. That is for the electorate to decide,” Justice Nath had replied.
The case had been referred to the larger three-judge Bench after a Division Bench of Justices Pankaj Mithal and Ahsanuddin Amanullah delivered a split verdict on January 21 on Hussain’s plea for interim bail to canvass for votes.
Justice Mithal had concluded that canvassing for votes was neither a fundamental right under the Constitution nor a right recognised under any statute. The judge Had held that bail to Mr. Hussain, who is an accused in the murder of an Intelligence Bureau officer during the 2020 Delhi riots, would “open the floodgates”.
Justice Amanullah had focussed on the fact that Hussain had been in custody as an undertrial since March 2020 and deserved interim bail.
Published – January 28, 2025 12:38 pm IST