'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

The Delhi Police on Tuesday opposed the plea moved by former Aam Aadmi Party Councillor Tahir Hussain seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.Justice Neena Bansal Krishna reserved the judgment and said that the order will be pronounced in chamber. Senior Advocate Rebecca John appeared for Hussain and sought interim bail from January 16 to February 09, for filing of nomination and end of the election campaign. ASG Chetan Sharma, along with SPP Rajat Nair appeared for the Delhi Police and opposed the interim bail plea. Sharma said that custody parole may be granted to Hussain for filing of nominations, scrutiny and opening of bank accounts. However, he strongly opposed Hussain's release on interim bail for the purpose of campaigning. Sharma said that right to contest elections is not a fundamental right and that Hussain is charged with gruesome allegations “You may file nominations and project yourself as a candidate but not campaigning and influencing witnesses… Trial is at a very crucial stage. Four witnesses have already turned hostile...,” he said. Sharma further said that Hussain is the main conspirator, mastermind and funder of the riots and is in jail in three cases, including UAPA and PMLA cases. “In UAPA and ED cases, jail is the rule and bail is the exception. Here we are prepared to concede for custody parole notwithstanding the fact that contesting election is not a fundamental right. We are conceding that custody parole be granted to facilitate him to file nominations. Like others he can also contes. They have won also. People have won while sitting in jail,” ASG said. Furthermore, Sharma submitted: “Main relief is to file nominations and opening of bank accounts etc. No issue. But for four weeks to have you out in the “process of election”, that is opposed. That will create problems.”Appearing for Hussain, John said that in the PMLA case, he has already served more than half the period of custody and that he was not even convicted yet and might get acquitted in all the 11 FIRs. “If I don't get (interim) bail in the other two cases (UAPA and PMLA) I won't come out…. But I will surrender immediately on 5th. Even if I am granted custody parole for filing nominations and opening of bank account, I am willing to take it but allow me to campaign,” she said. The interim bail plea before the High Court has been moved in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 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.Hussain's bail is filed through Advocates Tara Narula, Sonal Sarda, Shivangi Sharma and Noyonika.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.Case Title: Tahir Hussain v. State

'Main Mastermind, Funder Of Delhi Riots': Police Opposes Tahir Hussain's Interim Bail Plea To Contest Assembly Polls, High Court Reserves Order

Nupur Thapliyal

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