Delhi police on Tuesday opposed a plea of former AAP politician Tahir Hussain, accused in a murder case related to February 2020 riots, seeking his release to contest assembly polls on an AIMIM ticket.
Saying contesting elections was not a fundamental right, the police alleged Hussain who was the "main conspirator" and "funder" of the February 2020 riots could complete formalities and fight polls on custody parole.
"We will facilitate filing of nomination, scrutiny of documents, opening bank account.. We are prepared to concede custody parole notwithstanding that election is not a fundamental right," said additional solicitor general Chetan Sharma.
Justice Neena Bansal Krishna heard the parties and said she would pass an order in the matter.
Hussain recently moved the court seeking interim bail between January 14 and February 9 to fight assembly polls from the Mustafabad constituency on the AIMIM party ticket.
Senior counsel for Hussain said fighting elections was a complicated process, which required him to not only file his nomination by January 17 but also open a bank account and campaign.
She said if Hussain was being granted custody parole, he should be allowed to campaign.
The senior lawyer argued before the court that of the 11 riots-related cases against Hussain, he was granted bail in eight cases and his plea for interim relief in the remaining two cases was pending before courts.
"Presumption of innocence is in my favour.. Campaigning will be over on the fourth. I will vote and surrender," the senior counsel said.
ASG Sharma however said the trial in the present case related to the "gruesome offence of murder" of an Intelligence Bureau (IB) staffer and was at a crucial stage.
Four witnesses had turned hostile and Hussain was a "threat to society", whose release would polarise the situation, said Sharma.
"Nomination can be done from jail like Amritpal Singh and many others. They contest and win also. People have won while being in jail," he said.
But Hussain's counsel said a trial court in 2024 gave three months' interim bail to Rashid Engineer, now an MP from Jammu and Kashmir, in an alleged terror funding case to contest Lok Sabha elections.
The application for interim bail, filed by advocate Tara Narula, formed a part of Hussain's pending bail plea in the case.
Violence broke out in northeast Delhi on February 24, 2020, leaving 53 dead and several injured.
According to the prosecution, on February 26, 2020, complainant Ravinder Kumar informed the Dayalpur Police Station that his son Ankit Sharma, who was posted in the IB, was missing since February 25, 2020.
It was alleged Sharma's mortal remains were recovered from Khajuri Khas nullah in the riot-affected area and his body bore 51 injuries.
Hussain, in the bail plea, said he spent 4.9 years in jail and though the trial started in the case, only 20 of the 114 prosecution witnesses were examined so far.
Saying he had suffered a long incarceration, he said the fact that several witnesses were still left to be examined meant the trial won't be over soon.
The co-accused persons, his plea said, allegedly involved in the riotous mob and committing the offence of murder were granted bail by the high court.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
