Feb 2020 Riots: Tahir Hussain Moves Delhi HC, Seeks Interim Bail To Fight Assembly Polls

Former Aam Aadmi Party (AAP) councillor Tahir Hussain on Friday has petitioned the Delhi High Court for interim bail to participate in the forthcoming Delhi Assembly elections as a candidate representing the All India Majlis-e-Ittehadul Muslimeen (AIMIM).

Hussain has been in judicial custody since March 16, 2020, following his alleged involvement in the killing of Intelligence Bureau (IB) officer Ankit Sharma during the communal violence in February 2020 in Delhi.

The plea, which was initially scheduled to be heard by Justice Neena Krishna Bansal, was deferred and is now anticipated to be listed soon. Hussain has sought temporary release from January 14 to February 9 to enable him to complete essential electoral procedures, including filing his nomination and engaging in campaign activities for the Mustafabad constituency.

In the petition, Hussain asserts, “Such relief is essential not only to facilitate the filing of the Applicant’s nomination form and other requisite documents in connection with the elections but, more importantly, to enable the Applicant to engage in canvassing for the said elections.” He emphasized that withholding interim bail would severely impede both his individual right to contest elections and the electorate’s ability to make an informed choice.

The petition further highlights that although the High Court has issued notice concerning his regular bail plea, the hearing is scheduled for January 15. Given that the deadline for filing nominations is January 17, and the elections are slated for February 5, Hussain contends that interim bail is imperative for his active participation in the democratic process.

To bolster his argument, Hussain states, “Therefore, to ensure that the electorate of the aforesaid constituency can exercise their right to vote in a meaningful manner in the aforesaid election, it is imperative that the Applicant be granted interim bail.” He underscored the urgency by noting that he has already been granted bail in nine other cases related to the Delhi riots, with the current case being the sole exception.

Hussain’s legal team argues that denying interim bail would constitute an unjustifiable encroachment on his fundamental rights, particularly his right to contest elections. They assert that permitting his temporary release would not only safeguard the integrity of the electoral process but also uphold the principles of representative democracy.

The High Court’s ruling on the plea is awaited, and further proceedings are expected in the near future.

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