Delhi High Court Grants Custody Parole To Tahir Hussain For Filing Nomination Papers For Assembly Polls

The Delhi High Court on Friday granted custody parole to former Aam Aadmi Party Councillor Tahir Hussain for subscribing Oath and for filing his nomination papers in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.Justice Neena Bansal Krishna directed the State to facilitate filing of nomination papers on the concerned date and to provide the facility for completing the formalities before and after the filing of Nomination Papers for contesting the elections. “The State may co-ordinate accordingly with the concerned Authorities so that the entire process is completed in a timely manner and the Applicant/Petitioner's right of filing Nomination is not impacted in any manner,” the Court said.The last date of making Nominations in the polls is January 17. Date for scrutiny of Nominations is January 18. Date of polling is February 05.Justice Krishna has ordered that Hussain shall not have any access to the phone, whether mobile or landline or the internet. He is also directed not to interact with any person except the officials concerned in the Nomination process. The Court has also directed that Hussain will not address the media and that his family members of may remain present, but they would not be permitted to click photographs of the filing of Nomination or to post the same on social media.“Considering the antecedents, nature of allegations and having regard to the totality of circumstances, he is granted Custody Parole for subscribing the Oath and to complete the formalities in respect of filing his Nomination Papers,” the Court said.This was after the Delhi Police opposed Hussain's interim bail plea but took a stand that it was willing to cooperate and support Hussain to comply with the requisite formalities and to file and submit the Nomination Papers and to open his Bank Account for which the Custody Parole may be granted to him.Justice Krishna said that the gravity of allegations against Hussain that he was the main perpetrator of the riots which resulted in death of about 59 persons, cannot be overlooked. “Merely because the Applicant/Petitioner had earlier been a Municipal Councilor, cannot be a peculiar circumstance entitling him to grant of Interim Bail,” the Court said.It disposed of Hussain's interim bail plea moved in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 North-East Delhi riots. A coordinate bench had issued notice on Hussain's regular bail plea in the case on December 24 last year.Hussain was denied bail by the Trial Court on December 03 for want of material change in circumstances.FIR 65 of 2020 was registered at Dayalpur police station on the basis of the complaint made by deceased's father.He had lodged a missing report when his son went missing during the riots. Ankit's body was later recovered from a drain. He was declared as brought dead by GTB hospital.The complainant's son Ankit Sharma, an Officer working with the Intelligence Bureau, left his house at around 5 pmon the said date for buying groceries and general household items. However, he did not return home even after several hours. Later, his dead body was found lying in a drain near Chand Bagh Pulia. He had sustained sharp injuries on his head, face, chest, back and on his waist.Thereafter, an FIR was registered by the complainant stating that he had strong suspicion that his son was killed by the main accused Tahir Hussain and his associates. The post-mortem report of the deceased Ankit Sharma revealed that there were 51 injuries caused due to sharp edged weapons and blunt force.In March last year, the trial court framed charges against Tahir Hussain, Haseen, Nazim, Kasim, Sameer Khan, Anas, Firoz, Javed, Gulfam, Shoaib Alam and Muntajim. Charges were framed under sections 147, 148, 153A, 302, 365, 120B, 149, 188 and 153A of Indian Penal Code, 1860. Hussain was additionally charged under sections 505, 109 and 114 of IPC. Accused Nazim was additionally charged under section 25 of the Arms Act.Counsel for Petitioner: Ms. Rebecca John, Sr. Advocate with Mr. Rajiv Mohan, Ms. Tara Narula, Ms. Shivangi Sharma, Ms. Sonal Sarda Mr Rishabh Bhati, Ms. Anushka Baravah, Mr. Rehan Khan, Mr. Chinmay Kanojia, Mr. Nilanjan Dey & Mr. Chandveer Shoran, AdvocatesCounsel for Respondent: Mr. Chetan Sharma, ASG with Mr. Rajat Nair, SPP, through VC, Mr. Dhruv Pande, Mr. Amit Gupta, Mr. Shubham Sharma & Mr. Vikramaditya Singh, AdvocatesCase Title: Tahir Hussain v. State Citation: 2025 LiveLaw (Del) 36Click here to read order

Delhi High Court Grants Custody Parole To Tahir Hussain For Filing Nomination Papers For Assembly Polls

Nupur Thapliyal

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