The Supreme Court on Tuesday granted custody parole to AIMIM candidate Tahir Hussain, an accused in the February 2020 North East Delhi riots, to campaign in for the Delhi Assembly polls for six days, from January 29 to February 3.

A bench of Justice Vikram Nath, Justice Sanjay Karol, and Justice Sandeep Mehta ordered release of Hussain on custody parole from jail as per jail manual timing for 12 hours each day and return back in the evening.

Advertisement

His custody parole would be subject to the deposit around Rs 2 lakh per day, to cover all the expenses for his custody parole, including for the Delhi Police officials to be deputed with him, jail van and the escorts.

The top court has directed Hussain to deposit upfront a sum of Rs. 2,07,429, expenses for two days.

The bench directed the accused not to make any reference about the case pending against him in the course of the campaigning during custody parole, and attempt to meet the witnesses.

While agreeing to bear all the expenses of the custody parole, Hussain gave an undertaking to the court that he won’t visit his house, which the police alleged to be the place where the criminal conspiracy leading to February 2020 riots was hatched.

Earlier in the day, the top court had asked Additional Solicitor General SV Raju, appearing for Delhi police, to take instruction regarding the security arrangements and required expenses, in the event of grant of custody parole to Hussain.

ASG Raju objected to the interim bail and custody parole to Hussain saying it would open floodgates as many other prisoners would also seek interim bail/custody parole citing the need to contest elections.

Hussain’s matter travelled to a three-judge bench as on January 22, 2025, a two-judge bench comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah gave a split verdict on Hussain’s plea for interim bail so that he could campaign during Delhi assembly election. Hussain is contesting from Mustafabad assembly seat.

Pointing out that the right to contest elections is not a fundamental right, Justice Pankaj Mithal refused to grant interim bail to Tahir Hussain stating that it may “open a Pandora’s box”.

On the other hand, noting that the allegations against Hussain are grave and serious, but they remain as only allegations at the present moment, Justice Ahsanuddin Amanullah ordered the release of Hussain on interim bail with certain conditions.

Hussain, a former Aam Aadmi Party (AAP) councilor, was granted custody parole by the Delhi High Court on January 14 for filing his nomination from Mustafabad constituency. He has challenged Delhi High Court’s order denying him interim bail to campaign in the ongoing Delhi assembly elections.

In the high court, the Delhi Police had opposed Hussain’s plea for interim bail because of the gravity of the allegations against him, saying he was the main “perpetrator” in the violence, resulting in the death of several persons.

The high court had said about 11 FIRs were registered against Hussain in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.

Hussain was booked in the murder case of Intelligence Bureau (IB) officer Ankit Sharma during the 2020 North-East Delhi riots.

Violence broke out in North-East Delhi on February 24, 2020, leaving 53 dead and several injured.