Delhi High Court Grants Custody Parole to Tahir Hussain for Filing Nomination Papers Amid Serious Allegations

The Delhi High Court has granted custody parole to Tahir Hussain, a former AAP councillor, in a murder case linked to riots. This allows him to file nomination papers for the Mustafabad constituency on an AIMIM ticket. Justice Neena Bansal Krishna denied his request for interim bail from January 14 to February 9, citing the serious allegations against him as the main instigator of violence that led to multiple deaths.

Hussain's plea for interim bail was rejected despite his past role as a municipal councillor. The court imposed strict conditions during his custody parole, prohibiting him from media interactions or contact with anyone except officials involved in the nomination process. The court noted that 11 FIRs were filed against him related to the riots and he is currently in custody for a money laundering case and under UAPA charges.

Conditions Imposed on Custody Parole

The court ordered that Hussain be allowed custody parole solely for taking the oath and completing nomination formalities. Authorities were instructed to assist in filing nomination papers promptly, ensuring his right to participate in elections is not hindered. The court emphasized that Hussain must not engage with anyone outside the nomination process or speak to the media.

Family members may attend but are barred from photographing or sharing images of the nomination filing on social media. Hussain's senior counsel argued that contesting elections involves complex procedures, requiring him to file nominations by January 17, open a bank account, and campaign. However, police maintained that contesting elections is not a fundamental right.

Background of Allegations

Hussain is accused of being the main conspirator and financier of the February 2020 riots in northeast Delhi, which resulted in 53 deaths and numerous injuries. On February 26, 2020, Ravinder Kumar reported his son Ankit Sharma missing at Dayalpur Police Station. Sharma, an Intelligence Bureau officer, was found dead with 51 injuries in Khajuri Khas nullah.

In his bail plea, Hussain highlighted his 4.9-year incarceration and noted that only 20 out of 114 prosecution witnesses have been examined so far. He argued that this lengthy trial process indicates it won't conclude soon. His plea also mentioned that co-accused individuals allegedly involved in the riotous mob and murder were granted bail by the high court.

The court's decision reflects careful consideration of Hussain's background and allegations while balancing his rights within legal constraints.