The Delhi High Court was informed on Monday that former AAP councillor Tahir Hussain, who faces multiple cases related to the February 2020 riots, is eligible to file his nomination papers for the upcoming assembly elections from jail. This clarification came during a hearing on Hussain’s plea for interim bail in a riot-related murder case.
Justice Neena Bansal Krishna referred to legal precedents, including the case of Amritpal Singh, where inmates were permitted to participate in the electoral process from prison. Additional Solicitor General Chetan Sharma confirmed that Hussain could file his nomination without being released from custody.
However, Hussain’s legal team argued that merely filing nomination papers was insufficient. They stressed the need for his physical presence to campaign, declare assets, and handle other electoral formalities, citing the example of Rashid Engineer, who was granted interim bail to contest the Lok Sabha elections.
Hussain, in custody since March 2020, has sought interim bail from January 14 to February 9 to contest the Mustafabad constituency on an AIMIM ticket. His advocate, Tara Narula, argued that his prolonged incarceration and the slow progress of the trial—where only 20 out of 114 prosecution witnesses have been examined—justify the relief sought. The plea also highlights that co-accused individuals in related cases have already been granted bail.
The court has scheduled the next hearing for Tuesday to deliberate further on the matter.
