January 22, 2025: In a significant development, the Supreme Court delivered a split verdict on Wednesday regarding the interim bail plea of Tahir Hussain, an accused in the 2020 Northeast Delhi riots, who sought release to campaign for the upcoming Delhi Assembly elections.

The bench, comprising Justice Pankaj Mithal and Justice Ahsanuddin Amanullah, was hearing Hussain’s Special Leave Petition challenging the Delhi High Court's decision, which had denied him interim bail. Justice Mithal dismissed the petition, expressing concerns over potential misuse of such precedents, while Justice Amanullah allowed the plea, emphasizing the principle of presumption of innocence.

Hussain, a former Aam Aadmi Party (AAP) councilor, faces serious charges including murder, rioting, and money laundering under the Unlawful Activities (Prevention) Act (UAPA). He is currently in custody.

Justice Mithal highlighted the broader implications of granting bail on these grounds, stating, “Permitting interim bail for election campaigns could open a Pandora’s box, with undertrials across the country citing elections as a reason for temporary release. Such a precedent would flood courts with similar requests.” He also referenced Section 62 of the Representation of Peoples Act, which restricts the voting rights of prisoners.

Conversely, Justice Amanullah acknowledged the gravity of the allegations but underscored that they remain unproven at this stage. “The allegations are serious, but they are just that—allegations. He has been granted bail in other cases, and the principle of fairness necessitates allowing him the opportunity to exercise his democratic rights,” he stated.

Earlier, on January 14, the Delhi High Court had granted Hussain custody parole to file his nomination from the Mustafabad constituency but denied him interim bail for campaigning. The court cited the severity of the allegations and potential risks associated with his release.

The split verdict has now resulted in the matter being referred to a larger bench for resolution, leaving Hussain’s electoral campaign prospects uncertain as the Delhi Assembly elections approach.