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Allegations against former councillor and February 2020 riots accused Tahir Hussain were grave and reprehensible but as of now they were allegations, Supreme Court judge Justice Ahsanuddin Amanullah said on Wednesday.
While opining Hussain should be released on interim bail, Justice Amanullah, who was on a division bench with Justice Pankaj Mithal -- said the petitioner was in custody since March, 2020 and secured bail in majority of cases.
The bench delivered a split verdict in the matter.
"The allegations against the petitioner are no doubt grave and reprehensible but as of this moment, they are exactly that - allegations. It is settled law that magnitude and gravity of offence are not grounds in itself to deny bail. No court of law has rendered adjudications thereon. The petitioner is in custody since March 2020. He has secured bail in majority of cases," said Justice Amanullah.
He observed the Delhi high court had permitted Hussain to file his nomination and consequently stand as a candidate.
"On the short point of period already undergone also, bail secured in other cases, I am of the considered opinion that subject to conditions the petitioner can be granted interim bail for a limited period. The petitioner is thus enlarged on interim bail upto noon of February 4, 2025," Justice Amanullah said.
Observing the right to contest elections was not a fundamental right, Justice Mithal dismissed Hussain's plea and said allowing interim bail could open a Pandora's box as every undertrial would invoke the same ground.
During the hearing, Justice Amanullah questioned Delhi Police for the delay in the case's trial over the murder of Intelligence Bureau staffer Ankit Sharma during the 2020 Delhi riots.
"This is a matter of life and liberty That is why we have listed day-to-day. Why have you not completed the trial since five years? Why have you just examined four out of five eye-witnesses? Chargesheet was filed on June 2, 2020. All these are not very comfortable questions You don't have unlimited liberty of putting somebody in jail for years. We cannot shut our eyes to this," Justice Amanullah told additional solicitor general S V Raju, appearing for Delhi Police.
Raju opposed the interim bail saying the allegations against Hussain were "very serious".
He said Hussain's role was not limited to instigating and his house was the "epicentre" from where directions were sent and weapons recovered.
The Delhi high court on January 14 granted custody parole to Hussain to file nomination papers from the Mustafabad constituency on an AIMIM ticket.
It, however, refused his plea for interim bail from January 14 to February 9 to fight polls, saying the gravity of allegations against Hussain, being the main perpetrator in the violence, which resulted in the death of several persons, could not be overlooked.
The high court said about 11 FIRs were registered against him in connection with the riots and he was admittedly in custody in a related money laundering case and UAPA case.
Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured.
Hussain is accused in a case of February 2020 riots connected to the death of Intelligence Bureau staffer Ankit Sharma.
According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Sharma was missing since February 25, 2020.
His mortal remains were reportedly recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.