The Indian Express (Delhi Edition)
SC asks Bihar: Why the urgency now?
THE SUPREME Court on Monday pulled up the Bihar government for not showing more alacrity when RJD leader Mohammad Shahabuddinwasreleasedonbail in a murder case, and now showing “extreme urgency” to get the bail order cancelled. The bench also said that it was not going to staythebailorderatthisjuncture.
“Where were you before? Some urgency should have been shown by the state in the High Court too,” said a bench of Justice P C Ghose and Justice Amitava Roy when the state’s counsel argued that the matter regarding cancellation of Shahabuddin’s bail was extremely urgent and must be heard at once.
“We have gone into the facts of this case. We don’t want to stay the impugned order at this stage. We don’t want to pass any order right now. We will hear all parties and then decide,” said the court as advocate Prashant Bhushan requested the bench to stay the bail order until the matter is finally heard.
Bhushan, who is representing the parents of three men killed allegedly by Shahabuddin’s henchmen, had contended that a rein of terror prevailed every day as long as Shahabuddin was out of jail.
Monday’s proceedings began with an advocate seeking adjournment on behalf of senior lawyer Ram Jethmalani, who is representing Shahabuddin. The counsel said that Jethmalani would need some time to prepare, especially in view of voluminous records.
While Bhushan sought a stay on the bail order if the matter was to be adjourned, senior lawyer Shekhar Naphade, also representing the four-time RJD MP from Siwan, said that his client was being tried by media and that the records would convince the bench about the correctness of the bail order.
Naphade also pointed out that although the bail was given on September 7 and Shahabuddin was released three days later, nobody moved the top court initially to have his release stayed. “Today I am being tried by media. Let me get you all the records of the case and we will show you why the order was passed,” he said.
Bhushan said there were 45 criminal cases already pending trial against Shahabuddin, but the bench observed that it would not issue any order without hearing both sides.
“We have to balance everything... we will go only by records. Since there are allegations and counter-allegations being made in the case, we shall not pass (an order). We are fixing it on Wednesday (September 28),” said the bench.
SHAHABUDDIN BAIL