SC Divided on Granting Bail to Delhi Riots Accused Tahir Hussain For Poll Campaign

New Delhi: A Division Bench of the Supreme Court on Wednesday delivered a split verdict on whether former Aam Aadmi Party (AAP) councillor Tahir Hussain should be granted interim bail in a case related to the Delhi riots. 

The two-judge bench, comprising of Pankaj Mithal and Ahsanuddin Amanullah, passed the split verdict. While Justice Mithal rejected Hussain's plea, Justice Amanullah was in favour of Tahir Hussain's interim bail.

Judge Mithal mentioned that now the matter will be placed before the Chief Justice of India for the constitution of a third judge or before a three-judge Bench.

"Since our opinions have differed, let Registry place this matter before the Chief Justice of India for the constitution of a third judge or to it before a three-judge Bench," Justice Mithal said.

'Bail To Tahir Hussain Will Open Pandora Box'

Justice Mithal held that interim bail cannot be granted as it may open a pandora's box and will motivate other jailed persons to frequently seek interim bail to contest polls.

"If interim bail is allowed for contesting elections, it will open a pandoras box. Since elections in the country are all year round, every prisoner will come out with a plea that he wants to participate in the elections and therefore he wants interim bail. This will open floodgates of litigation and this cannot be permitted."

Hussain Charged With Murder of IB Official

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.