The bench said Hussain's custody parole
would be subject to the deposit of Rs 2.47 lakh per day as part of security
expenses, including the police escort.
Hussain, said the court, should not visit his Karawal Nagar
home, an alleged site of the riots, while restraining him from making any
public comments over the case's merits.
It clarified the order will not be treated as a precedent as it
was passed in the "peculiar facts and circumstances" of the case.
The court said Hussain's bail application in the Delhi High
Court should be decided on its own merits without being influenced by the
bench's order.
Senior advocate Siddharth Aggarwal, appearing for Hussain,
argued only four-five days were left to campaign.
Aggarwal said his client was contesting from the Mustafabad seat
and he won't visit his house and stay at a hotel aside from sharing the
details.
Additional solicitor general S V Raju opposed the plea, saying
his role in the riots was serious. If granted the relief, said Raju, everybody
would fill nominations in jail.
The court asked Raju to seek instructions on the expenses and
security would be required and told Aggarwal to inform the undertakings Hussain
proposed to give.
The order was passed on Hussain's plea to allow him to campaign
in custody for the upcoming Delhi assembly polls.
The former councillor failed to secure interim bail on January
22, after a two-judge bench of the apex court gave a split verdict.
The Delhi High Court granted custody parole to Hussain on
January 14 to file his nomination papers from the Mustafabad constituency.
It , however, declined his plea for interim bail from January 14
to February 9 to contest the February 5 election, saying the gravity of the
allegations against Hussain, being the main perpetrator in the violence that
resulted in the death of several people, could not be overlooked.
The high court said 11 FIRs were lodged against Hussain in
connection with the riots and he was admittedly in custody in a related
money-laundering case and a case registered under the stringent Unlawful
Activities (Prevention) Act (UAPA).
Violence broke out in northeast Delhi on February 24, 2020,
leaving 53 people dead and several injured.
Hussain is an accused in a case connected to the death of
Intelligence Bureau staffer Ankit Sharma.
According to the prosecution, on February 26, 2020, complainant
Ravinder Kumar informed the Dayalpur police station that his son Sharma was
missing since the previous day.
His body was reportedly found from the Khajuri Khas nullah in
the riot-affected area and it bore 51 injuries.
On January 22, an apex court bench comprising Justices Pankaj
Mithal and Ahsanuddin Amanullah delivered a split verdict on Hussain's plea.
While Justice Mithal dismissed Hussain's plea saying no case was
made out, Justice Amanullah opined that he could be released on interim bail.
The judges asked the top court registry to place the matter
before Chief Justice Sanjiv Khanna for a new bench to decide the issue.