New Delhi: The Supreme Court on Monday remarked that persons like former councilor Tahir Hussain, an accused in the Delhi riots, should be barred from contesting elections. The remarks by the apex court came at the hearing on a plea filed by Hussain who sought interim bail to campaign for the upcoming Delhi Assembly polls. He is undergoing judicial custody in a money laundering case.
The top court deferred hearing on his interim bail plea to January 21.
A bench of Justices Pankaj Mithal and Ahsanuddin Amanullah 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 for 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 remarked in response. Hussain’s counsel said his nomination was accepted.
The Delhi high court on January 14 granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.
It, however, 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 observed that 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.
Hussain’s counsel 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.
