
The Supreme Court has deferred the hearing on the bail plea of former Aam Aadmi Party (AAP) councillor Mohammad Tahir Hussain until January 22. Hussain is an accused in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma, who was killed during the 2020 northeast Delhi riots.
The delay comes after the bench, led by justices Pankaj Mithal and Ahsanuddin Amanullah, observed that Hussain had been in custody for over four years and was only accused of being an instigator in the riots. The bench also noted that Hussain had received bail in nine similar cases connected to the riots and questioned why he should not be granted regular bail in this case as well.
“There are a few things emerging in this case. It has been nearly five years of custody, and he is only an instigator. On this charge, he has got bail in nine other similar cases. Suppose we are satisfied on merit that a ground is made for considering regular bail, why should we not grant him? We can’t shut our eyes to that,” said the bench.
Hussain, through his petition, had requested interim bail from January 14 to February 9, as he is contesting the upcoming Delhi elections on an All India Majlis-e-Ittehadul-Muslimeen (AIMIM) ticket from the Mustafabad constituency. He was recently granted parole by the Delhi High Court for the nomination process, but his request for bail was denied on January 13. Following this, Hussain approached the Supreme Court.
Advocate Rajat Nair, appearing for the Delhi Police, sought more time to receive instructions regarding the case, as he had received late intimation about the listing. Hussain’s lawyer, senior advocate Siddharth Agarwal, had mentioned the matter earlier, which was then listed for Tuesday’s hearing. The bench, however, reminded Nair that the interim bail granted to Hussain was expiring soon, urging him to be prepared for a decision on the matter.
The case concerns Hussain’s involvement in the murder of IB staffer Ankit Sharma, who was killed during the 2020 riots. Hussain faces accusations of instigating the mob to kill Sharma. Hussain’s lawyer argued that his client had been in custody since March 2020 and that the trial was progressing slowly, with only 22 out of 115 witnesses having been examined.
Agarwal also pointed out that Hussain had made PCR calls seeking police assistance during the riots, and in other similar cases related to the riots, where the charge against him was instigation, he had been granted bail.
The Supreme Court bench, however, urged Hussain’s lawyer to press for regular bail, suggesting that the election campaign should not be the sole reason for seeking interim bail. The bench also noted that Hussain is facing an investigation in a larger conspiracy case related to the 2020 riots, as well as a money laundering investigation by the Enforcement Directorate.
The hearing on the matter will continue on January 22, where the court will further deliberate on the issue of Hussain’s bail plea.
Sourcese By Agencies