Shahabuddin case: After pre-trial detention for 11 years, trial becomes meaningless, says Tulsi

With the Supreme Court yesterday cancelling the bail of RJD leader Mohammad Shahabuddin and directing the Bihar Government to take him into custody, Congress leader and senior advocate K.T.S. Tulsi on Saturday said a person ought not to be detained for 11 yearsn when his or her trial has not begun, because then the trial becomes meaningless.

"I am a bit surprised. I don't know the case, nor have I gone through the judgment. But a person ought not to be detained for 11 years even when the trial has not begun, because then the trial becomes meaningless," he told ANI.

"This pre-trial detention is not supposed to be punitive, it's only preventive and it can't last so long, it's a complete breakdown of the system it seems," Tulsi said.

"Whoever is responsible, should be taken to book, and I don't understand how we can ever justify the detention of a person in spite of the fact that he is presumed to be innocent for as long as over a decade. This is quiet surprising," he added.

On Friday, a division bench of the apex court, headed by Justice Pinaki Chandra Ghosh and Justice Amitava Roy, set aside the order of the Patna High Court that had granted bail to Shahabuddin and ordered that he must be taken into custody immediately.

After surrendering in the Siwan district court, Shahabuddin asserted that he respected the order of the apex court, but warned that Bihar Chief Minister Nitish Kumar would get a fitting response from his supporters in the next elections.

Shahabuddin said that he learnt about the cancellation of his bail through other people, as he is yet to receive the order.

"I surrendered here, the moment I heard about the court's decision from people. I will abide by it, as I have always respected the Supreme Court's order," he said.

When asked if he had faced this massive setback since he had criticised Nitish Kumar and spoken against the Bihar government, Shahabuddin said he has never been afraid of speaking "the truth" and that his "supporters would give a firm and fitting response to the Bihar chief minister when the state goes to polls next.