VidhiSangh

Supreme Court of India · 22/01/2025

MOHD. TAHIR HUSSAIN versus STATE OF NCT OF DELHI

[2025] 1 S.C.R. 911 · 2025 INSC 100

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A two-Judge Bench delivered a split verdict on an undertrial's plea for interim bail to campaign in the Delhi Assembly Election, 2025. The High Court had refused interim bail but granted custody parole to file his nomination. Mithal J. held that interim bail is not permissible for contesting, let alone campaigning, and would dismiss the SLP. Amanullah J. would grant limited interim bail, given nearly five years in custody and bail in most other cases. The matter was referred to the Chief Justice of India.

Issues

  1. Whether interim bail can be granted to an undertrial so that he can contest, or campaign in, an election.
  2. Whether a right to campaign or canvass is a fundamental, constitutional or statutory right.
  3. Whether long incarceration and bail granted in other cases justify limited interim bail for campaigning, and whether such relief would be academic where the petitioner remains in custody in other cases.

Provisions considered

Held

Result

Split verdict. Mithal J. would dismiss the SLP, with liberty to pursue regular bail before the High Court. Amanullah J. would grant interim bail until 04.02.2025 on conditions, modifying the impugned judgment pro tanto. Because the opinions differed, the Registry was directed to place the papers immediately before the Chief Justice of India.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 911.