New Delhi [India], January 28 (ANI): The Supreme Court (SC) on Tuesday granted custody parole to AIMIM candidate and Delhi riots accused Tahir Hussain to campaign ahead of Delhi Assembly polls from January 29 to February 3.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta orders that Hussain shall be released from jail as per jail manual timing upon the deposit of the expenses i.e. around 2 lakh per day (12 hours).
Hussain would leave the jail for campaigning as per jail manuals timing and return each evening.
The apex court said that Hussain shall bear all the expenses for his custody parole including for Delhi police officials to be deputed with him and jail van and escort expenses.
He was further directed not to make any address about the case pending against him and meeting witnesses.
Hussain while agreeing to bear the expenses of police escort also gave an undertaking to the bench that he would not visit his house, which the police alleged to be the place where the criminal conspiracy was hatched.
The top court has directed Hussain to deposit upfront a sum of Rs. 2,07,429, for expenses for two days.
Earlier in the day apex court asked Additional Solicitor General (ASG) SV Raju, appearing for Delhi police, to take instruction regarding the security arrangements and required expenses, in the event of grant of custody parole to Hussain.
ASG, however, objected to the interim bail and custody parole to Hussain saying it would open floodgates as many other prisoners would also seek interim bail/custody parole citing the need to contest elections.
Last week, a two-judge bench of the top court gave a split order on a plea of Hussain seeking interim bail for campaigning ahead of Delhi Assembly polls.
While Justice Pankaj Mithal refused to grant interim bail to Hussain, Justice Ahsanuddin Amanullah gave interim bail to him to campaign for the Delhi election.
Hussain, a former Aam Aadmi Party councillor, was granted custody parole by the Delhi High Court on January 14 to file his nomination from the Mustafabad constituency.
He has challenged the Delhi High Court’s order which had denied him interim bail to campaign for the upcoming Delhi election.
In the High Court Delhi Police opposed Hussain’s plea for interim bail because of the gravity of the allegations saying he was the main perpetrator in the violence, resulting in the death of several persons.
The High Court had said about 11 FIRs were registered against Hussain in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.
Hussain was booked in the murder case of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 North-East Delhi riots.
Violence broke out in North-East Delhi on February 24, 2020, leaving 53 dead and several injured. (ANI)
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