New Delhi: The Delhi High Court has issued a significant order granting custody parole to a former municipal councillor to file his nomination papers, emphasizing the importance of balancing electoral rights with judicial custody requirements.
Justice Neena Bansal Krishna delivered key directives regarding the conditions and scope of custody parole in a case involving serious riot-related charges.
Delhi High Court Allows Custody Parole for Tahir Hussain Amid 2025 Election Nomination
The court addressed a bail application filed by Mohd Tahir Hussain seeking interim bail from January 14 to February 9, 2025. The court noted:
“Considering the antecedents, nature of allegations, and having regard to the totality of circumstances, he is granted custody parole for subscribing to the oath and completing the formalities for filing his nomination papers.”
Tahir Hussain Granted Parole: Key Directives on Filing Nomination Papers
Addressing the request for interim bail, the court observed:
“The gravity of allegations against the Applicant/Petitioner—that he was the main perpetrator of the riots in 2020 in the North-East District of Delhi, which resulted in the deaths of about 59 persons—cannot be overlooked.”
The court highlighted key conditions for custody parole, stating:
“He shall not have any access to a phone, whether mobile or landline, or the internet… would not interact with any person except the officials concerned in the nomination process… will not address the media.”
In a specific directive, the court instructed:
“The State may coordinate accordingly with the concerned authorities so that the entire process is completed in a timely manner and the Applicant/Petitioner’s right to file his nomination is not impacted in any manner.”
The former councillor intends to contest from the Mustafabad Assembly Constituency as an AIMIM candidate in the upcoming Delhi Assembly Elections scheduled for February 5, 2025.
Ms. Rebecca John, Senior Advocate, appeared with Mr. Rajiv Mohan and others for the petitioner, while Mr. Chetan Sharma, ASG, appeared with Mr. Rajat Nair, SPP, for the State.
Case Title: Mohd Tahir Hussain vs State (NCT of Delhi)
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