Will Supreme Court cancel RJD strongman Shahabuddin's bail?
Two petitions, including one by the Bihar government, has been filed against the bail to Sahabuddin.
New Delhi: The Supreme Court will on Monday take up for hearing a plea seeking cancellation of the bail granted to former RJD MP Mohamed Shahabuddin in connection with a murder case.
Filed by a Siwan resident Chandrakeshwar Prasad, whose son was allegedly murdered by Sahabuddin, the petition argues that the strongman-turned-politician's bail should be canceled as he would misuse his liberty to derail the trial in the murder of his son.
Chandrakeshwar Prasad alleged that his own life was in danger with the release of Shahabuddin, who is also allegedly involved in the murder of Prasad's two other sons.
The Patna High Court had released Shahabuddin as the trial in the case of the murder of Prasad's third son has not yet commenced.
The petition by Chandrakeshwar Prasad has been filed by lawyer Prashant Bhushan.
The Bihar government has also moved the apex court with its appeal against the High Court order, saying the state was not properly heard and the history-sheeter granted relief keeping all previous concerns of the court about security and safety of witnesses at bay.
Prasad, in his petition, said that Shahabuddin, a four- time Member of Parliament from Siwan, has been apparently booked in at least 58 criminal cases, of which in at least 8, he has been convicted and awarded life sentence in two of them and despite that he has been allowed to walk free out of jail.
Separately, Bihar government standing counsel Gopal Singh elaborated the grounds and said the High Court had failed to follow its own order of February asking the trial court to preferably complete the trial of the Rajiv Roshan murder case within nine months.
The state government also said the High Court ignored the crucial aspect brought by it earlier that key witnesses did not turn up to depose in these cases due to fear and the clout wielded by the dreaded gangster, who before pronouncement of judgement in the murder case of Prasad's two sons, allegedly conspired from the jail to eliminate his third son, Rajiv Roshan, the prime witness in the case.
The state government contended that the High Court overlooked the apex court judgement which had held as correct its decision to conduct the trial of cases against Shahabuddin from jail itself considering the threat to witnesses, the counsel said.
Singh said the High Court had neither properly heard the state, nor did it seek any report from it regarding the criminal trials pending against Shahabuddin before granting him relief.