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Supreme Court of India 2025-01-22 disposed

MOHD. TAHIR HUSSAIN vs STATE OF NCT OF DELHI

Bench: 2 — Pankaj Mithal, Ahsanuddin Amanullah

In Brief

The Supreme Court heard a split bench decision on whether interim bail can be granted to an accused in serious criminal cases (murder and rioting charges related to the 2020 Delhi riots) to permit him to campaign in elections. Justice Mithal dismissed the plea, holding that interim bail for electoral purposes would open a Pandora's box, as elections occur continuously and accused persons could misuse such relief. Justice Amanullah dissented, granting limited interim bail until 4 February 2025, finding that five years of incarceration, bail in eight of eleven cases, and trial delay violated constitutional rights to liberty and equality. Both agreed the case should go before the Chief Justice due to their differing opinions.

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Criminal Procedure Bail and Custody Constitutional Law Electoral Law Representation of the People Fundamental Rights Interim Bail Witness Protection Public Policy

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