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Delhi poll nomination can be filed from jail: HC to Tahir Hussain

Jan 14, 2025 05:24 AM IST

AIMIM leader Tahir Hussain is an accused in the murder case of IB staffer Ankit Sharma during the 2020 northeast Delhi riots

The Delhi high court on Monday told former councillor Tahir Hussain, seeking to contest the upcoming Delhi elections on an All India Majlis-e-Ittehad-ul-Muslimeen (AIMIM) ticket, that nomination for the polls can be filed even from jail, as it posted his plea for interim bail in connection with a murder case for further hearing on Tuesday.

Tahir Hussain. (HT Archive)
Tahir Hussain. (HT Archive)

Hussain is an accused in the murder case of Intelligence Bureau (IB) staffer Ankit Sharma during the 2020 northeast Delhi riots. He has sought interim bail from January 14 to February 9 to file his nomination from the Mustafabad constituency for the Delhi elections, scheduled to be held on February 5.

“You can apply for nomination even while sitting in jail,” a bench of justice Neena Bansal Krishna told advocate Rajiv Mohan, representing Hussain.

In his petition before the high court, Hussain asserted that he had been in custody since March 2020, and was required to file a true account of all his assets and properties since he was being fielded by AIMIM, which is a recognised political party. The interim bail, advocate Mohan argued, was necessary for his client to choose the proposal for nomination.

To buttress his claim, Mohan cited a city court’s order releasing Lok Sabha MP Abdul Rashid Sheikh, also known as Engineer Rashid, on bail to campaign for the Jammu and Kashmir assembly polls last year. Rashid was arrested under the Unlawful Activities (Prevention) Act in August 2019 in connection with a terror funding case and was granted interim bail on September 10, 2024 to campaign for the J&K polls.

Delhi Police, represented by additional solicitor general Chetan Sharma, opposed Hussain’s plea for interim bail, saying there is precedent of various people in prison — including Amritpal Singh, the Khadoor Sahib MP — who have filed their nominations for elections from jail. ASG Sharma further submitted that besides being in jail for the IB staffer’s murder, Hussain was also in custody in connection with a probe into a larger conspiracy involving the riots.

Mohan submitted that Hussain had also approached the city court for interim bail to contest the polls in the larger conspiracy case, in which student activists Umar Khalid and Sharjeel Imam are also accused, as well as a money laundering case registered by the Enforcement Directorate (ED) in connection with the riots.

As arguments remained inconclusive, the court posted Hussain’s plea for further hearing on January 14.

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Stay updated with all top Cities including, Bengaluru, Delhi, Mumbai and more across India. Stay informed on the latest happenings in World News along with Delhi Election 2025 and Delhi Election Result 2025 Live, New Delhi Election Result Live, Kalkaji Election Result Live at Hindustan Times.
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