"Your Involvement Is Very Much There": SC While Adjourning Hearing In Tahir Hussain’s Plea For Interim Bail To Campaign For Delhi Assembly Polls To Jan 22

The Supreme Court on Monday heard a Special Leave Petition (SLP) filed by Tahir Hussain, an AIMIM candidate and accused in the 2020 Delhi riots, seeking interim bail to campaign for the upcoming Delhi Assembly elections.

The Bench of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah deliberated on the matter but expressed reservations about granting interim bail.

Justice Mithal, however, pointed out that the chargesheet places Hussain at the scene and includes witness statements accusing him of instigating violence. “Your involvement is very much there,” Justice Mithal observed, questioning the necessity of interim bail over regular bail.

Justice Amanullah remarked that the allegations of instigation appear similar across multiple cases and suggested that if grounds exist for regular bail, the same could justify interim relief. "If there is a case for the grant of regular bail, why not grant interim? Same instigation application in 9 cases. Can't shut eyes to that," he said.

During the hearing, Senior Advocate Siddharth Aggarwal, appearing for Hussain, argued that he has been in custody for nearly five years since his arrest on March 16, 2020, and has not been granted regular bail despite other accused in related cases receiving bail. He emphasized that the primary allegations against Hussain involve incitement and mob instigation, with no direct involvement in acts of violence.

The Court directed the respondent's counsel, Advocate Rajat Nair, to be prepared for arguments on the matter, with the case scheduled to be taken up on Wednesday.

"Time for interim bail is expiring. Come prepared. We will take up tomorrow," Justice Mithal said.

Pertinently, January 20, the Bench had remarked, "All such persons should be barred from contesting elections," as it deferred to January 21 the hearing on a plea filed by former councillor and Delhi riots accused Tahir Hussain, who has sought interim bail to campaign for the upcoming Delhi assembly polls.

The Court had adjourned the hearing due to paucity of time, but just as it was rising for the day, Hussain's lawyer mentioned the matter and requested a hearing on January 21. "It is easy to win elections sitting in jail. All such persons should be barred from contesting the elections," the Bench had remarked in response.

His lawyer submitted Hussain's nomination was accepted.

Proceedings Before Delhi High Court

It is to be noted that on January 14, the High Court had granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket. It, however, had refused his plea for interim bail from January 14 to February 9 to fight the polls, saying the gravity of allegations against Hussain, being the main perpetrator in the violence, resulting in the death of several persons, could not be overlooked.

The High Court had said about 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.

Arguments Before High Court

The Senior Counsel appearing for Hussain argued fighting elections was a complicated process, which required him to not only file his nomination by January 17 but also open a bank account and campaign.

Maintaining that contesting elections was not a fundamental right, the police had alleged that Hussain who was the "main conspirator" and "funder" of the February 2020 riots could complete formalities and fight polls on custody parole.

Background

Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured. According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Ankit Sharma, posted in the Intelligence Bureau, was missing since February 25, 2020. Sharma's mortal remains were reportedly recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.

Hussain, in the bail plea, said he spent 4.9 years in jail and though the trial started in the case, only 20 of the 114 prosecution witnesses were examined so far. Pleading he had suffered a long incarceration, Hussain said the fact that several witnesses were still left to be examined meant the trial wouldn't be over soon.

The co-accused, his plea said, allegedly involved in the riotous mob and committing the offence of murder were granted bail by the High Court.

Cause Title: Mohd. Tahir Hussain v. State of NCT of Delhi [SLP(Crl) No. 856/2025; Diary No. 2791/2025]