Saturday, Feb 8 2025 | Time 04:47 Hrs(IST)
image
India


SC delivers split verdict on riots accused Tahir Hussain’s plea for interim bail

SC delivers split verdict on riots accused Tahir Hussain’s plea for interim bail

New Delhi, Jan 22 (UNI) The Supreme Court on Wednesday delivered a split verdict on the interim bail plea of Tahir Hussain, an accused in the 2020 Delhi riots case.
Hussain sought bail to campaign for the upcoming Delhi Assembly election.
A two-judge bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah passed a split verdict.
Justice Pankaj Mithal dismissed the plea, citing concerns over its implications, while Justice Ahsanuddin Amanullah allowed interim bail until February 4, 2024, subject to specific conditions.
In light of the divergence, the Registry was directed to refer the matter to the Chief Justice of India for assigning it to a third judge or a larger bench.
The case stems from Hussain’s Special Leave Petition challenging a Delhi High Court order that denied interim bail but granted custody parole for filing his nomination for the Mustafabad constituency. The charges against Hussain relate to the murder of Intelligence Bureau staffer Ankit Sharma during the riots.
Contesting elections is not a fundamental right, and the High Court’s custody parole protected Hussain’s rights adequately.
Allowing bail for campaigning could create a "Pandora's box," enabling other undertrials to seek similar reliefs.
Hussain’s release could lead to interactions with witnesses, posing risks to the trial.
"Campaigning for 10-15 days cannot suffice, as a constituency must be nurtured for years," Justice Mithal remarked.
While acknowledging the gravity of the charges, Justice Amanullah emphasized that there are still allegations at this stage.
He highlighted that Hussain has been in custody for five years without significant progress in the trial.
The Judge advocated for creating a "level playing field," given that the Election Commission certified Hussain’s eligibility to contest.
Additional Solicitor General SV Raju asserted that the plea was a "gimmick" to secure bail and that Hussain’s release could endanger witnesses and the trial.
Pointed to pending cases under UAPA and PMLA, which would prevent Hussain’s release even if bail were granted in this case.
Stressed that election canvassing does not require personal freedom, as party agents can campaign on behalf of the candidate.
Senior Advocate Siddharth Agarwal highlighted Hussain’s prolonged custody of over five years and delays in the trial.
The Court noted that other accused in related cases had been granted bail.
He emphasized that Hussain’s calls to PCR during the incident demonstrated his innocence.
The split verdict underscores the complex legal and constitutional questions surrounding the rights of undertrial candidates to contest elections and the balance between individual liberty and the integrity of criminal trials.
The matter now awaits further direction from the Chief Justice of India.
UNI SNG CS1652

More News
Cabinet approves Rs 8,800 Cr for Skill India, renaming of Waltair rail division

Cabinet approves Rs 8,800 Cr for Skill India, renaming of Waltair rail division

07 Feb 2025 | 9:31 PM

New Delhi, Feb 7 (UNI) The Union Cabinet chaired by Prime Minister Narendra Modi on Friday approved the continuation and restructuring of Skill India programme with an outlay of Rs 8,800 crore.

see more..
Industry QA Conclave on theme 'Collaborative Quality Assurance' held

Industry QA Conclave on theme 'Collaborative Quality Assurance' held

07 Feb 2025 | 8:59 PM

New Delhi, Feb 7 (UNI) The Industry Quality Assurance (QA) Conclave, on the theme ‘Collaborative Quality Assurance: Bridging the Gap Between Industry and Defence’, was held here on Friday.

see more..
Bangladesh Acting High Commissioner summoned to protest negative statements about India

Bangladesh Acting High Commissioner summoned to protest negative statements about India

07 Feb 2025 | 8:44 PM

New Delhi, Feb 7 (UNI) India on Friday evening summoned the Bangladesh Acting High Commissioner to protest the statements emanating from Dhaka that “continue to portray India negatively”.

see more..
We do raise concerns with US regarding treatment of deportees: FS Misri

We do raise concerns with US regarding treatment of deportees: FS Misri

07 Feb 2025 | 7:39 PM

New Delhi, Feb 7 (UNI) India has always stressed to the US authorities that they should behave properly with the Indians being deported, Foreign Secretary Vikram Misri said today, and added that the US has informed them of “487 presumed Indian citizens with final removal orders”.

see more..
image