Delhi riots accused Tahir Hussain gets relief from High Court, gets custody parole for nomination in elections.

 | 
as

The Delhi High Court has granted custody parole to Tahir Hussain, accused in the Delhi riots, to file his nomination. During the hearing, the Delhi Police opposed Tahir Hussain's plea. However, the court rejected the police's plea and granted custody parole to Tahir Hussain to complete the formalities of filing nomination papers for the elections.

All India Majlis-e-Ittehadul Muslimeen (AIMIM) has made Tahir Hussain the assembly candidate from Mustafabad. Tahir Hussain is accused of hatching a big conspiracy behind the Delhi riots in 2020. Tahir Hussain has been in jail since the riots.

During the hearing in the High Court, the police had argued that Tahir Hussain is also facing serious charges of being the mastermind and conspirator of the Delhi riots.

High Court said- contesting elections is not a fundamental right.

The Delhi High Court gave relief to Tahir Hussain but also said that contesting elections is not a fundamental right. However, Tahir can be given custody parole to file nomination and open bank accounts. The court said that bail should not be granted for 4 weeks for election campaigning.

In fact, during the hearing, Tahir's lawyer had argued that if interim bail is not granted, the petitioner will not be able to fulfill his obligations of filing nomination papers and opening an account, as well as will not be able to campaign effectively for the election, the petitioner's fundamental right to contest the election cannot be abolished by refusing to grant interim bail.

In response to this, citing the decision of 9 September 2022 in the case of Vishwanath Pratap Singh vs Election Commission of India, it was said that the right to contest elections is not a fundamental but a statutory right.