A three-judge Bench of the Supreme Court on Tuesday granted custody parole to Delhi Riots accused and former Aam Aadmi Party (AAP) councillor Tahir Hussain, now an All India Majlis-e-Ittehadul Muslimeen (AIMIM) candidate, to campaign for the upcoming Delhi Assembly elections. The parole is applicable in all cases where Hussain has not yet secured bail. 

The six-day custody parole is effective from January 29 to February 3, with strict conditions imposed. Hussain will be allowed to leave jail during the daytime under security escort and must return to custody each night.

The bench said Hussain shall bear all the expenses for his custody parole including for Delhi police officials to be deputed with him and jail van and escort expenses. The apex court said Hussain shall be released from jail as per the jail manual upon the deposit of the expenses i.e. around 2 lakh for 12 hours.

The Bench, comprising Justices Vikram Nath, Sanjay Karol, and Sandeep Mehta, passed the order after a Division Bench failed to reach a consensus on whether to grant Hussain interim bail. Earlier in the day, the Bench had asked the Delhi government to provide details on the cost and deployment of security personnel required if custody parole was granted instead of interim bail.

Later in the afternoon, after considering the Delhi government’s input, the Bench approved custody parole despite strong objections from Additional Solicitor General (ASG) SV Raju, who represented the Delhi Police.

The parole order allows Hussain to campaign for the AIMIM in the run-up to the Delhi Assembly elections, marking a significant development amidst the ongoing legal cases against him.