SC grants Tahir Hussain custody parole for Delhi Elections, to pay ₹2 lakh daily

The Supreme Court has granted custody parole to Mohammad Tahir Hussain, an accused in the 2020 Delhi riots, allowing him to campaign for the upcoming 2025 Delhi Assembly elections. Hussain, who is contesting from the Mustafabad constituency as a candidate of the All India Majlis-e-Ittehadul Muslimeen (AIMIM), will be released from jail for 12 hours each day between January 29 and February 3.

The court imposed strict conditions on the parole. Hussain is required to bear the expenses of his release, including the costs of two police personnel, a jail van, and an escort vehicle, which are expected to total approximately ₹2 lakh per day. He is also instructed to make an advance deposit for two days’ worth of expenses, which amounts to over ₹4 lakh.

Hussain’s parole conditions specify that he can only visit his party office and hold meetings with voters within the Mustafabad constituency. However, he is prohibited from visiting his residence in Karawal Nagar, a key area tied to his involvement in the riots. Furthermore, he is barred from making any public statements about the legal cases pending against him, including charges related to the death of Intelligence Bureau staffer Ankit Sharma during the riots.

The ruling follows a split verdict by a two-judge bench regarding Hussain’s earlier request for interim bail. Justice Pankaj Mittal had opposed the bail request, while Justice Ahsanuddin Amanullah had supported it under certain conditions. To resolve the matter, Chief Justice Sanjiv Khanna constituted a special bench comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, who ultimately granted custody parole with the specified conditions.

Hussain is one of the primary accused in the 2020 Delhi riots that led to the deaths of 53 people and caused extensive property damage, particularly in northeast Delhi. The violence escalated after protests against the Citizenship Amendment Act (CAA) turned into widespread clashes. Hussain faces charges for allegedly instigating violence, including involvement in the murder of Ankit Sharma, whose body was found in the riot-affected area.

This decision allows Hussain to participate in the election campaign but under tight supervision and restrictions. His legal team, led by Senior Advocate Siddharth Aggarwal, emphasized the limited time left for campaigning and the necessity for Hussain to be able to reach out to voters in a controlled manner, given the constraints on his liberty due to the pending charges.