New Delhi: The Delhi High court on Tuesday granted custody parole to 2020 riots accused Tahir Hussain to enable him to file nomination papers for the upcoming Assembly polls.
Notably Tahir Hussain has fielded Hussain as a candidate from the Mustafabad constituency for the coming elections by Owaisi-led All India Majlis-e-Ittehadul Muslimeen (AIMIM).
After the HC order, Hussain, while out on custody parole, will not have any access to the phone or the internet, will not interact with any person except the officials concerned in the nomination process.
HC also restricted his family members of Hussain to click photographs of the filing of the nomination, or to post the same on social media.
Turning down Hussain’s plea for interim bail, a bench of Justice Neena Bansal Krishna ruled: “Merely because the Applicant/Petitioner had earlier been a Municipal Councilor, cannot be a peculiar circumstance entitling him to grant of Interim Bail.”
“Considering the antecedents, nature of allegations and having regard to the totality of circumstances, he (Hussain) is granted Custody Parole for subscribing the oath and to complete the formalities in respect of filing his Nomination Papers,” it said.
Earlier in the day, the Justice Krishna-led Bench reserved its decision after hearing the arguments raised by senior advocate Rebecca John, representing the former Aam Aadmi Party (AAP) councillor, and Additional Solicitor General Chetan Sharma, who appeared on Delhi Police’s behalf.
Opposing Hussain’s interim bail plea, ASG Sharma said that the AIMIM candidate, facing “gruesome allegations”, may file his nomination papers from Tihar jail or under custody parole.
Sharma added that there is no fundamental right to contest elections and if released on interim bail, Hussain may influence witnesses.