On Tuesday, the Supreme Court granted custodial parole to Tahir Hussain, a former AAP councillor and AIMIM candidate, to campaign in the Mustafabad constituency for the Delhi Assembly elections. Hussain, accused in multiple Delhi riots cases, will be allowed to campaign from January 29 to February 3 under stringent conditions.
Hussain is prohibited from visiting his home in Karawal Nagar or leaving the constituency. His campaign hours are limited to 6 am to 6 pm daily, and he must return to Tihar Jail each night. Additionally, he must pay Rupees 2,47,000 per day in advance to cover security and transportation expenses.
The three-judge bench, comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, ordered that Hussain abide by all undertakings, including refraining from making statements about pending cases or influencing witnesses. He is permitted to stay in a hotel rather than his residence during this period.
Terms of Custodial Parole
The Court imposed the following terms for Hussain’s custodial parole:
- Campaigning Period: Hussain is allowed to campaign from January 29 to February 3, 2025, within the boundaries of the Mustafabad constituency, where he is contesting as an AIMIM candidate. His campaigning will be strictly confined to these dates and times.
- Daily Timings: Hussain will only be permitted to leave jail between 6 am and 6 pm daily, with his parole automatically terminating at 6 pm.
- Security and Transport Costs: Hussain is required to cover the full costs associated with his security and transportation, including the expenses for police personnel who will accompany him. The daily costs are to be paid in advance, amounting to ₹2,47,000 per day.
- No Visits or Statements: Hussain is barred from visiting his residence in Karawal Nagar and cannot make any statements regarding the ongoing investigation or trial proceedings related to the Delhi riots during his parole period.
- Conditions of Release: Hussain will be escorted by security personnel and will return to jail each night. He must stay at a hotel instead of his residence, to mitigate any concerns about influencing witnesses or the ongoing legal process
This decision followed a split verdict by a Delhi High Court Division Bench on whether to grant him interim bail. The Supreme Court opted for custodial parole after considering objections raised by the Delhi Police and the Additional Solicitor General, who argued that such relief could set a precedent for prisoners contesting elections.
Hussain has been in custody since March 2020 and is yet to secure bail in several cases, including a money laundering case and one related to the death of Intelligence Bureau officer Ankit Sharma during the North East Delhi riots.
