Supreme Court Split on Tahir Hussain's Interim Bail Plea for Delhi Elections

The Supreme Court exhibited a split verdict on AIMIM candidate Tahir Hussain's plea for interim bail to campaign in Delhi elections. Justice Pankaj Mithal denied the request, warning of potential ramifications, while Justice Ahsanuddin Amanullah approved bail with conditions, citing the need for fairness until February 2024.

In an unusual split decision, the Supreme Court of India on Wednesday divided its stance regarding the interim bail plea of AIMIM candidate Tahir Hussain, accused in the Delhi riots case. Justice Pankaj Mithal firmly denied bail, positing that permitting such a plea could unleash 'a Pandora's box' for similar requests in continuous election cycles across the nation.

Justice Mithal stressed that elections occur year-round in India, and granting interim bail for campaigning could result in numerous undertrials seeking similar liberty, potentially influencing ongoing investigations. Furthermore, Mithal highlighted that contesting elections is not a fundamental right and pointed to the severity of charges against Hussain, suggesting the danger of witness manipulation if he were allowed to campaign.

Conversely, Justice Ahsanuddin Amanullah granted interim bail to Hussain with strict conditions, underscoring the principle of presumed innocence. Amanullah pointed out that the charges remain allegations, with Hussain already having secured bail in other cases after spending five years in detention. Hussain's bail is conditional upon adherence to specific terms, refraining from mentioning FIR issues, and surrendering by February 4, 2024.

(With inputs from agencies.)