Split Verdict by Supreme Court on Tahir Hussain’s Bail Plea in Delhi Riots Case for Delhi Elections
New Delhi (The Uttam Hindu): On January 22, 2025, the Supreme Court of India delivered a split verdict on the interim bail plea of Tahir Hussain an accused in the Delhi riots case who sought temporary release to campaign for the upcoming Delhi Assembly elections. The two-judge bench, consisting of Justice Pankaj Mithal and Justice Ahsanuddin Amanullah, held differing views on the matter. Justice Mithal rejected the petition, while Justice Amanullah allowed it under specific conditions.
Justice Mithal emphasized that the right to contest elections is not a fundamental right and expressed concerns that granting interim bail could open the door for many undertrials to seek similar relief for election campaigning. He also raised concerns about Hussain's involvement in multiple serious cases, which in his view diminished his credibility as a citizen exercising electoral rights. In contrast, Justice Amanullah acknowledged the seriousness of the allegations but pointed out that they have not yet been proven. He noted that Hussain had already spent five years in custody and suggested that interim bail could be granted until February 4, 2024 subject to certain conditions.
Given the split decision, the court directed that the matter be referred to the Chief Justice of India for further adjudication. The Additional Solicitor General, representing the Delhi Police, opposed the bail plea arguing that allowing Hussain to campaign could influence witnesses and undermine the integrity of the trial. He also highlighted that Hussain's release would not equate to freedom due to other serious charges pending against him. Hussain's legal counsel argued that his prolonged detention without trial justified consideration for bail, drawing comparisons to other high-profile cases where interim bail was granted despite serious charges. However, despite Justice Amanullah's more lenient stance the outcome ultimately meant that Hussain would remain in custody as he continues to face multiple charges related to the riots.
