LexMOHD. TAHIR HUSSAIN versus STATE OF NCT OF DELHI
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[2025] 1 S.C.R. 911 : 2025 INSC 100 Mohd. Tahir Hussain v. State of NCT of Delhi (Special Leave Petition (Criminal) No. 856 of 2025) 22 January 2025 [Pankaj Mithal* and Ahsanuddin Amanullah,* JJ.] Issue for Consideration Whether a purpose based interim bail can be granted to contest the election or for canvassing as the petitioner himself is one of the candidates. Headnotes Interim Bail – To contest election or for canvassing/campaigning – FIRs against the petitioner inter alia for rioting and murder of an official of IB – Sought interim bail to participate and contest Delhi Assembly Elections, 2025 – Disallowed by the High Court – Challenge to: Held: [Per Pankaj Mithal, J.] Interim bail is not permissible for contesting elections, much less for campaigning – Right to campaign or canvass is neither a fundamental right nor a constitutional or a human right or even a statutory right – There is no provision for interim bail under the law but lately it has become an acceptable mode of grant of bail in certain special contingencies – If interim bail is made permissible on the ground of contesting elections, it will open a Pandora’s box – The allegations made against the petitioner along with the chargesheet in connection with the rioting and the murder of the official of IB are serious – High Court rightly refused interim bail to the petitioner – No case made out for any indulgence. [Paras 6, 7, 9, 12] [Per Ahsanuddin Amanullah, J.] Merely because a statute imposes limitations on grant of bail, the same per se does not oust the jurisdiction of a Constitutional Court to grant bail – Though, the allegations and the evidence against the Petitioner are grave and reprehensible but the magnitude and gravity of the offence alleged are no grounds to deny bail, moreso when trial is prolonged – Petitioner’s rights u/Articles 14 and 21 cannot be * Author 912 [2025] 1 S.C.R. Supreme Court Reports lost sight of – He is in custody since March, 2020 – As on date, no Court of Law has convicted the Petitioner – He has secured bail in a majority of the cases – Considering these factors, in the facts and circumstances specific of the case, Petitioner granted interim bail for a limited period subject to conditions – Impugned judgment modified to that extent – In view of difference of opinion, matter to be placed before Hon’ble the Chief Justice of India. [Paras 26, 27, 29] Case Law Cited In the Order of Pankaj Mithal, J. Arvind Kejriwal v. Directorate of Enforcement [2024] 7 SCR 2363 : (2024) 9 SCC 577 – distinguished. Anukul Chandra Pradhan, Advocate Supreme Court v. Union of India and Ors. [1997] Supp. 1 SCR 641 : (1997) 6 SCC 1 – referred to. Athar Pervez v. State, 2016 SCC OnLine Del 6662 – referred to. In the judgment of Ahsanuddin Amanullah, J. Union of India v. K A Najeeb [2021] 1 SCR 443 : (2021) 3 SCC 713; Javed Gulam Nabi Shaikh v. State of Maharashtra [2024] 7 SCR 992 : (2024) 9 SCC 813 – relied on. State of Haryana v. Dharamraj [2023] 11 SCR 705 : 2023 SCC OnLine SC 1085; Niranjan Singh v. Prabhakar Rajaram Kharote [1980] 3 SCR 15 : (1980) 2 SCC 559; Vilas Pandurang Pawar v. State of Maharashtra [2012] 8 SCR 270 : (2012) 8 SCC 795; Manik Madhukar Sarve v. Vitthal Damuji Meher [2024] 8 SCR 753 : (2024) 10 SCC 753; Gurwinder Singh v. State of Punjab [2024] 2 SCR 134 : (2024) 5 SCC 403; Sheikh Javed Iqbal v. State of Uttar Pradesh [2024] 7 SCR 1054 : (2024) 8 SCC 293; Jalaluddin Khan v. Union of India [2024] 8 SCR 633 : (2024) 10 SCC 574; Frank Vitus v. Narcotics Control Bureau [2024] 7 SCR 97; Sanjay Dubey v. State of Madhya Pradesh [2023] 4 SCR 939 : 2023 SCC OnLine SC 610 – referred to. List of Acts Penal Code, 1860; Code of Criminal Procedure, 1973; Constitution of India. [2025] 1 S.C.R. 913 Mohd. Tahir Hussain v. State of NCT of Delhi List of Keywords Interim Bail; Purpose based interim bail; Interim bail to contest election; Interim bail to canvass/campaign; Interim bail to contest Delhi Assembly Elections, 2025; Delhi riots; Murder of an official of Intelligence Bureau (IB); Right to campaign or canvass; Multiple FIRs; Constitutional Right; Trial prolonged. Case Arising From EXTRA ORDINARY JURISDICTION: Special Leave Petition (Criminal) No. 856 of 2025 From the Judgment and Order dated 14.01.2025 of the High Court of Delhi at New Delhi in BA No. 4819 of 2024 Appearances for Parties Siddharth Aggarwal, Sr. Adv., Rajiv Mohan, Ms. Tara Narula, Ms. Sonal Sarda, Ms. Shi
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