Supreme Court moots parole for AIMIM’s Tahir Hussain to campaign in Delhi Assembly polls

AIMIM candidate Tahir Hussain (centre) is an accused in the murder of an Intelligence Bureau officer during the 2020 Delhi riots.
| Photo Credit: PTI

A three-judge Bench of the Supreme Court on Tuesday (January 28, 2024) gave the Delhi Police time till 2 p.m. on January 29 to respond to a suggestion to permit custody parole to AIMIM candidate Tahir Hussain to campaign in the Delhi Assembly elections.

The Bench headed by Justice Vikram Nath asked Additional Solicitor General S.V. Raju, appearing for the police, to also examine the security required for Mr. Hussain during the parole period and approximate expenses for it.

The court said the amount could be paid to the Delhi Police in advance, probably on January 28.

The case was 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 Mr. 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 said contesting elections was not a fundamental right. 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” for every other undertrial to seek the same remedy on the ground that they wanted to canvass votes or contest in polls.

Justice Amanullah, in his opinion, had focussed on the fact that Mr. Hussain had been in custody as an undertrial since March 2020 and deserved interim bail. Magnitude of an offence by itself cannot be used to deny bail, Justice Amanullah had pointed out.

On Tuesday, senior advocate Siddharth Agarwal, for Mr. Hussain, said every passing day reduced the impact of any relief that may come to his client.

Mr. Raju complained about the number of police personnel required for Mr. Hussain when officers were deployed for other candidates during the election on February 5.

“But how many candidates have filed nominations, not everyone… It is not that he [Hussain] is a first-timer. He has been in public service and politics for a long time,” Justice Nath 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… For all you know, the electorate may have more sympathy if he is in custody,” Justice Nath remarked orally.

Mr. Raju said the case would become a precedent whereby “anybody can file his or her nomination and seek bail”.

“We are not laying down any law here. We are only providing a limited relief. This is parole for a fixed period under supervision… He will be out on February 3 and on February 4 he will be back. February 3 midnight canvassing will stop,” Justice Nath observed orally.

Mr. Raju agreed to take instructions and respond at 2 pm on January 29.