HC questions necessity of interim bail for Delhi riots accused Tahir Hussain to contest assembly polls

NEW DELHI: The Delhi High Court on Monday expressed doubts about the requirement to provide temporary bail to Tahir Hussain specifically for submitting his election nomination papers for the forthcoming Delhi Assembly elections.

AIMIM leader Tahir Hussain's interim bail application, seeking release from January 14 to February 9 to participate in the Delhi Assembly elections, has faced opposition from the Delhi Police. Hussain is currently an accused in the Ankit Sharma murder case.
During the proceedings, Additional Solicitor General Chetan Sharma, representing Delhi Police, cited Amritpal Singh's case of filing nomination from jail. The court expressed reservations regarding the necessity of interim bail for nomination filing.
Justice Neena Bansal Krishna of Delhi High Court has scheduled the hearing for tomorrow, combining it with Hussain's pending regular bail petition.
Hussain's legal representative notified the court about the commencement of the nomination process and referenced the Rashid Engineer case to strengthen their position.
Hussain has simultaneously sought interim bail from the trial court regarding other Delhi riots cases and Enforcement Directorate investigations.
The Delhi High Court recently issued notice on Hussain's regular bail petition concerning the IB officer Ankit Sharma murder case during the 2020 North East Delhi violence.
The bail application argues insufficient credible evidence against Hussain and seeks relief based on parity. It states that amongst the 20 prosecution witnesses examined, most alleged eyewitnesses have not supported the prosecution or provided unreliable testimony.
The plea highlights inconsistencies in police witness statements and notes that remaining public witness accounts largely duplicate previously examined testimonies. In May, three individuals involved in Ankit Sharma's killing received bail from the Delhi High Court.
The court highlighted that bail remains the norm during trial proceedings, with imprisonment being exceptional. It acknowledged the accused's four-year custody period and the unlikely prospect of swift trial conclusion. In February 2020, Ankit Sharma's father registered an FIR after his son failed to return from purchasing groceries.
Delhi Police reports indicate the four accused participated in a violent mob that killed Sharma and engaged in rioting during the unrest. The northeast Delhi violence began on February 24, 2020, when CAA supporters and protesters clashed, resulting in 53 fatalities and numerous casualties.
(With inputs from agency)