Tahir Hussain urges Supreme Court to allow custody parole in remaining cases to canvass for polls

Former Aam Aadmi Party (AAP) councillor Tahir Hussain on Tuesday urged a three-judge Bench of the Supreme Court to consider granting him custody parole in all cases in which is he is yet to get bail, so that he can campaign for the upcoming Delhi Assembly polls as an All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate..The Bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta is considering that matter after a Division Bench was unable to agree on whether to grant Hussain interim bail. The three-judge Bench today asked the Delhi government to get instructions on whether Hussain can be granted custody parole instead, in all cases in which he is yet to get bail. The Court also directed Additional Solicitor General (ASG) SV Raju to give an estimate of how much security personnel and costs would be required if Hussain were to be granted such relief. "Come back with instructions, what will be security, what will be approximate expenses," the Court said. .Hussain had earlier sought interim bail in connection with only one of the Delhi riots cases against him, in which an Intelligence Bureau (IB) officer had died. In his plea, he had pointed out that he has already been granted bail in other similar Delhi riots cases.The Court today, however, pointed out that even if he is granted interim bail in the remaining Delhi riots case, there are two other cases, including a money laundering case, in which Hussain is yet to get bail. "Even if we grant interim bail, how do you come out in respect of cases you have not been granted bail? It is a fact your prayer is with respect to one particular FIR... It is a non-starter," the Court pointed out..Hussain's counsel, Senior Advocate Siddharth Aggarwal said that he has a suggestion to obviate this concern, as well as suggestions to allay concerns of the Delhi government that he may influence witnesses if he is allowed interim bail.Aggarwal suggested that Hussain be granted custody parole in all cases that he is yet to get bail on, so that he can connect with the electorate while still remaining under custody.The Court questioned whether this would amount largening the scope of Hussain's prayers. Aggarwal, however, maintained that this would amount to narrowing his prayer, from that of interim bail to custody parole."I am submitting from a practical standpoint. It is a balancing act. I am allowed as much play as possible. It is for that reason, I have curtailed my relief," the senior lawyer argued..Aggarwal added that his client is willing to stay at a hotel room instead of his residence so as to allay concerns of influencing witnesses.ASG SV Raju, however, strongly opposed the plea."It is not as simple as he says .. (His residence) was the epicenter .. from terrace of his house, missiles were thrown. In this case IB officer has died," Raju said.He also opposed the grant of custody parole as it will pave the way for more and more prisoners to simply file papers to contest elections in order to get similar relief. "This would set a wrong precedent ... He will go out of jail with bodyguard and come back with bodyguard," Raju said. "We are not laying down any law, he sought a larger relief, now he is seeking limited relief. (February) 3rd midnight, canvassing will stop. 4th, he will come back," the Court replied.The ASG then urged the Court to defer the hearing so he can get instructions. .Earlier, a Division Bench of Justices Pankaj Mithal and Ahsanuddin Amanullah had passed a split verdict on whether Hussain should be given interim bail. While Justice Mithal rejected Hussain's plea, Justice Amanullah opined that Hussain should be granted interim bail.Hussain is an accused in the case concerning the death of Intelligence Bureau (IB) officer Ankit Sharma who was killed during the riots of February 2020 in the national capital. Hussain has been in judicial custody since March 16, 2020.He initially moved the Delhi High Court for interim bail, which declined to grant him interim bail and instead gave him custody parole in the case concerning the death of the IB officer. .[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.