Mr. Hussain had moved the court last week seeking interim bail from January 14 till February 9 to fight the Delhi Assembly election.
| Photo Credit: file photo

The Delhi police on Monday informed the High Court that former Aam Aadmi Party (AAP) councillor Tahir Hussain, accused in several cases related to the February 2020 north-east Delhi riots, can file the nomination paper to contest the February 5 Assembly election from jail.

Mr. Hussain had moved the court last week seeking interim bail from January 14 till February 9 to fight the Delhi Assembly election from Mustafabad seat, where he has been fielded by the AIMIM. He sought relief to physically file the nomination form, open a bank account, and canvass in the constituency.

Additional Solicitor General Chetan Sharma, while responding on behalf of the police, said there are instances of jail inmates filing the paperwork from prison.

“The latest precedent is of Amritpal Singh,” Mr. Sharma said, referring to the pro-Khalistan propagator and Khadoor Sahib MP, who is currently in jail under the National Security Act.

Justice Neena Bansal Krishna orally observed that Mr. Hussain could file his papers from jail.

In response, the accused’s counsel said that he had been chosen by a national party and, besides submitting nomination papers, he also had to campaign and declare his assets.

The counsel gave the example of Rashid Engineer, accused in a Jammu and Kashmir terror-funding case, who was given interim bail by a trial court here last year to contest the Lok Sabha election.

The counsel further said that Mr Hussain had been in custody since March 2020 and was in the process of seeking interim bail in two other riot-related cases from the courts concerned.

The court listed the matter for further hearing on Tuesday.