AIMIM candidate Tahir Hussain (Center) is a defendant in the murder of an intelligence office officer during Delhi 2020 riots | Photo credit: PTI
A bank from three judges of the Supreme Court on Tuesday (January 28, 2024) gave time to the Delhi Police until 2 in the afternoon of January 29 to respond to a suggestion to allow the probation of probation of custody to the candidate Aimim, Tahir Hussain, to campaign in the elections of the Delhi Assembly.
The Bank headed by Judge Vikram Nath asked the additional attorney general SV Raju, to appear for the Police, who also examines the security required for Mr. Hussain during the period of probation and the approximate expenses for it.
The court said the amount could be paid to the Delhi Police in advance, probably on January 28.
The case was sent to the largest bank of three judges after a division bank of Judges Pankaj Mithal and Ahsanuddin Amanullah issued a verdict divided on January 21 on the plea of Mr. Hussain for the interim bail to launch to obtain votes .
Judge Mithal had concluded that the development of the votes was not a fundamental right under the Constitution or a recognized right under any statute. The judge said that competing the elections was not a fundamental right. The judge had maintained that bond to Mr. Hussain, who is a defendant in the murder of an intelligence office officer during the 2020 Delhi disturbances, “would open the gates” for all others looking for the same remedy they wanted To turn on votes or competitions in surveys.
Judge Amanullah, in his opinion, had focused on the fact that Mr. Hussain had been in custody as a subtraction since March 2020 and deserved an interim bond. The magnitude of a crime alone cannot be used to deny bail, Judge Amanullah had indicated.
On Tuesday, the lawyer Senior Siddharth Hacowal, for Mr. Hussain, said that every day he passed the impact of any relief that could reach his client.
Mr. Raju complained about the number of police personnel required for Mr. Hussain when the officers were deployed for other candidates during the February 5 elections.
“But how many candidates have presented nominations, not all … not that he [Hussain] He is a rookie. He has been in public service and politics for a long time, ”Judge Nath reacted.
Mr. Raju said it was a moment too short for Mr. Hussain to “nurture” his constituency.
“That is his surveillance. That is for the electorate to decide … for what you know, the electorate can have more sympathy if it is in custody, ”said Judge NATH orally.
Mr. Raju said the case would become a precedent by which “anyone can present their nomination and seek bond.”
“We are not establishing any law here. We are only providing limited relief. This is probation for a fixed period under supervision … It will be released on February 3 and on February 4 it will return. On February 3, the midnight range will stop, ”Judge NATH observed orally.
Mr. Raju agreed to take instructions and respond to 2 pm on January 29.
Published – January 28, 2025 12:38 pm ist