‘Nomination Can Be Filed Even While In Jail’: Delhi HC On Bail Plea Of Tahir Hussain

In a significant development, the Delhi High Court, during a hearing on Monday, made an oral observation that nominations for elections can be filed even if a person is in jail.

This remark came from a bench led by Justice Neena Bansal Krishna while hearing the bail petition of former Aam Aadmi Party councillor Tahir Hussain, who is accused of involvement in the murder of Intelligence Bureau (IB) employee Ankit Sharma during the 2020 Delhi riots.

Hussain, who is currently in custody, has sought interim bail from the Delhi High Court to contest the upcoming Delhi Assembly elections.

However, the Delhi Police opposed his petition. Additional Solicitor General Chetan Sharma, representing the police, argued that Hussain could file his nomination from jail, citing several examples where candidates have done so.

Hussain’s lawyer responded by pointing out that since Hussain is now a member of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), a recognized political party, he would be required to submit detailed accounts of his assets along with his nomination papers.

In response, Justice Krishna remarked that filing a nomination while in jail was entirely possible.

The court has scheduled the next hearing on Hussain’s interim bail petition for January 14.

Background

Tahir Hussain recently joined Asaduddin Owaisi’s AIMIM, which has chosen him as a candidate for the Mustafabad constituency in the upcoming Delhi Assembly elections. Hussain has requested interim bail to enable him to participate in the election process.

Earlier, a Delhi court denied Hussain bail in the murder case involving Ankit Sharma on December 3, 2023.

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