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Supreme Court Grants Tahir Hussain Daily Custody Parole for Election Campaigning

  • Posted on January 28, 2025
  • News
  • By Arijit Dutta
  • 26 Views

The Supreme Court has granted custody parole to Tahir Hussain for 12 hours daily from January 29 to February 3, allowing him to campaign for the assembly elections. Hussain, an AIMIM candidate from Mustafabad, is facing multiple charges related to the 2020 Delhi riots but will adhere to strict conditions, including bearing security expenses.

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The Supreme Court of India has allowed former Aam Aadmi Party (AAP) councillor Tahir Hussain to campaign for the upcoming assembly elections while under custody parole. Hussain, who is contesting as an AIMIM candidate from Mustafabad, will be permitted to leave Tihar Jail for 12 hours daily from January 29 to February 3.

Hussain is currently facing charges related to the 2020 Delhi riots, including the murder of an Intelligence Bureau staffer and a money laundering case. Despite objections from the Delhi Police, the three-judge bench of Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta granted parole, noting the unique circumstances of the case. The court mandated that Hussain must bear the daily ₹2.07 lakh security expenses, refrain from visiting his Karawal Nagar residence, and avoid discussing his pending cases during campaigning.

The decision follows a split verdict from a two-judge bench last week, with one judge opposing bail due to the severity of charges and the risk of misuse by other undertrials, while the other cited Hussain's long incarceration since March 2020 and the slow pace of the trial as grounds for leniency.

Hussain’s counsel argued that parole would balance the candidate’s right to connect with voters while ensuring security concerns were addressed. Hussain, who has obtained bail in 9 out of 11 related cases, will stay in a designated location within Mustafabad during his campaigning.

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The court emphasised that this parole is granted under specific conditions and should not set a general precedent for other undertrials seeking bail to contest elections.

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Arijit Dutta

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