SC: ‘Such people should be barred from contesting elections’, Supreme Court’s strong comment on Tahir Hussain’s petition

Supreme Court (File) – Photo: ANI

The Supreme Court on Monday made a strong remark that all such people should be barred from contesting elections. Along with this, the bench has postponed the hearing on the petition of former councilor and Delhi riots accused Tahir Hussain till January 21, who has sought interim bail to campaign for the upcoming Delhi Assembly elections. In the case, a bench of Justice Pankaj Mithal and Ahsanuddin Amanullah adjourned the hearing due to lack of time, but as soon as the day’s proceedings began, Tahir Hussain’s lawyer mentioned the case and requested a hearing on January 21.

‘It is easy to win elections while sitting in jail’
The bench remarked in response, ‘It is easy to win elections while sitting in jail. All such people should be barred from contesting elections.’ His lawyer informed that Tahir Hussain’s nomination has been accepted. Earlier, the Delhi High Court had granted parole to Tahir Hussain on January 14 to file nomination papers from Mustafabad constituency on AIMIM ticket.

‘Cannot ignore the seriousness of the allegations’

However, it rejected his plea for interim bail from January 14 to February 9 to contest the elections, saying that the seriousness of the allegations against Tahir Hussain cannot be ignored as he was the main culprit in the violence, which led to the death of many people. The High Court said that about 11 FIRs were registered against him in connection with the riots and he was in custody in the related money laundering case and UAPA case.

Contesting elections is not a fundamental right: Police

The senior advocate appearing for Tahir Hussain argued that contesting elections is a complicated process which required him to not only file his nomination by January 17 but also open a bank account and campaign. Saying that contesting elections is not a fundamental right, the police had alleged that Tahir Hussain who was the ‘main conspirator’ and ‘financier’ of the February 2020 riots could complete the formalities and contest elections on custody parole.

Only 20 out of 114 witnesses examined

In his bail plea, Tahir Hussain said he spent 4.9 years in jail and though the trial in the case has begun, only 20 of the 114 prosecution witnesses have been examined so far. Arguing that he has had to stay in jail for a long time, Tahir Hussain said the fact that many witnesses are still to be examined means the trial will not end soon. His plea said the co-accused, allegedly involved in the riotous mob and committing the offence of murder, were granted bail by the High Court.

On February 4, 2020, violence broke out in north-east Delhi, leaving 53 people dead and many 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. Ankit Sharma’s body was reportedly recovered from the Khajuri Khas drain in the riot-hit area and bore 51 injury marks on his body.

‘It is easy to win elections while sitting in jail’
The bench remarked in response, ‘It is easy to win elections while sitting in jail. All such people should be barred from contesting elections.’ His lawyer informed that Tahir Hussain’s nomination has been accepted. Earlier, the Delhi High Court had granted parole to Tahir Hussain on January 14 to file nomination papers from Mustafabad constituency on AIMIM ticket.

‘Cannot ignore the seriousness of the allegations’

However, it rejected his plea for interim bail from January 14 to February 9 to contest the elections, saying that the seriousness of the allegations against Tahir Hussain cannot be ignored as he was the main culprit in the violence, which led to the death of many people. The High Court said that about 11 FIRs were registered against him in connection with the riots and he was in custody in the related money laundering case and UAPA case.

Contesting elections is not a fundamental right: Police

The senior advocate appearing for Tahir Hussain argued that contesting elections is a complicated process which required him to not only file his nomination by January 17 but also open a bank account and campaign. Saying that contesting elections is not a fundamental right, the police had alleged that Tahir Hussain who was the ‘main conspirator’ and ‘financier’ of the February 2020 riots could complete the formalities and contest elections on custody parole.

Only 20 out of 114 witnesses examined

In his bail plea, Tahir Hussain said he spent 4.9 years in jail and though the trial in the case has begun, only 20 of the 114 prosecution witnesses have been examined so far. Arguing that he has had to stay in jail for a long time, Tahir Hussain said the fact that many witnesses are still to be examined means the trial will not end soon. His plea said the co-accused, allegedly involved in the riotous mob and committing the offence of murder, were granted bail by the High Court.