Controversial RJD leader Shahabuddin was back in prison 20 days after his release, as the Supreme Court on Friday set aside the Patna High Court order granting him bail in a murder case saying the discretion to release must be applied in “judicious manner” and “not as a matter of course”.
“The order passed by the High Court granting bail to the respondent-accused (Shahabuddin) is set aside and the state is directed to take all consequential steps, inter alia, for taking him to custody forthwith,” a bench comprising Justices P C Ghose and Amitava Roy said.
The bench, which clarified that it was not expressing any opinion on the merits of the case pending against the RJD leader, asked Bihar government and the concerned court to take “all steps as contemplated in law to dispose of the case, as early as possible”.
What Shahabuddin said after his bail cancellation
# I stand by what I said earlier (On Nitish Kumar), my supporters will show them in the upcoming elections.
# I don't care about what people say, I respect the judiciary system.
Referring to various judgements on bail, it said, “Judged on entire conspectus of the attendant facts and circumstances, and considering the stage of the present case before the trial court where charge-sheet has already been submitted, together with pending proceedings against the respondent-accused as on date, and his recorded antecedents in the various decisions of this court, we are thus unable to sustain the impugned order of the High Court granting bail to him.”
In its 10-page order, the apex court dealt with various aspects of the submissions and said, “Although it has to be accepted that the respondent-accused has already been granted bail by the concerned courts in other cases, a duty is cast upon the court in addressing such a prayer in a case on its own merit, and while applying its discretion, it must be applied in a judicious manner and not as a matter of course.”
The SC had directed Shahabuddin to surrender and asked Bihar Govt to take steps to take him into custody forthwith. The top court also asked trial court to expeditiously conclude Rajiv Roshan murder case allegedly involving Shahabuddin.
A bench comprising Justice P C Ghose and Amitava Roy directed the state government and the lower court to ensure that the trial in the Rajiv Roshan murder case is concluded "expeditiously as contemplated under the law".
Meanwhile, the court issued notice to Shahabuddin and Bihar government on another plea seeking cancellation of bail granted to him in a murder case of two brothers of Roshan.
Shahabuddin has been awarded life imprisonment in the twin murder case and the Patna High Court had granted him bail in this matter as well.
Read More | SC lashes out at Bihar govt, asks were you sleeping till Shahabuddin got bail?
Shahabuddin, who was granted bail by the Patna High Court on September 7, was released from Bhagalpur jail on September 10. He was in jail for 11 years in connection with dozens of cases against him.
On September 19, the apex court had sought a response from Shahabuddin on a separate plea filed by Siwan resident Chandrakeshwar Prasad, challenging the bail granted to him by Patna High Court, in the murder case of his third son.
Kalawati Devi, wife of Chandrakeshwar Prasad and the mother of three youths who were brutally killed by henchmen of the controversial politician, had also moved the Supreme Court seeking cancellation of bail granted to him in the case in which he has already been sentenced to life.
Read More | I am not worried about anything at all: Shahabuddin on Bihar Govt's appeal for bail cancellation in SC
On Thursday, the top court had also rebuked Nitish Kumar-led Bihar government, which has RJD as its coalition partner, for its lax approach in opposing bail granted to the RJD strongman in various cases at different judicial forums including the High Court.
Bihar government, which drew flak from the court since the beginning of the hearing on appeals, was questioned during Thursday's hearing for not providing a copy of the charge sheet to him for 17 months in the murder case of Rajiv Roshan.
Roshan, the eye witness to the gruesome killings of two of his younger siblings, was also killed few days before his proposed testimony in the murder case of his brothers.
A bench comprising Justices P C Ghose and Amitava Roy, which heard the parties for nearly three days, referred to the trial court records and said it cannot simply go by "inferences" drawn from various happenings in lower courts, as the order sheets revealed that police records were not provided to the accused.
Lawyer Prashant Bhushan, appearing for Siwan-based Chandrakeshwar Prasad who lost his three sons in two separate crimes, had vehemently opposed the contention of Shahabuddin that he was not provided the case records including chargesheet for 17 months after it was filed in the trial court.
The apex court is also hearing a separate plea filed by the widow of journalist Rajdev Ranjan, who was murdered in Siwan allegedly at the instance of Shahabuddin, seeking transfer of the case to Delhi. (Read the story in Hindi Here)
Read More | Supreme Court notice to Lalu's son Tej Pratap, Shahabuddin in journalist Ranjan’s murder case
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