SC strikes down bail order, Shahabuddin back in jail (Roundup)

Former RJD MP Mohammad Shahabuddin on Friday surrendered in a court in Bihar's Siwan district after the Supreme Court cancelled his bail, ending his short-lived freedom.

Police immediately took the tainted politician into custody, exactly 20 days after he walked out of the Bhagalpur Central Jail following the grant of bail by the Patna High Court.

When he was released on September 10, he had spent 11 years in prison.

The Supreme Court ordered Shahabuddin back in jail in the Rajiv Roshan murder case, saying it was necessary to balance individual liberty with societal interest.

Roshan, the sole witness to the killing of his two brothers, was killed allegedly by Shahabuddin's henchmen, including his son Osama, days before he could depose in the brothers' murder case.

Setting aside the Patna High Court's September 7 bail order, Justice Pinaki Chandra Ghose and Justice Amitava Roy said: "The state (Bihar) is directed to take all consequential steps ... for taking him to custody forthwith."

After surrendering in the court, Shahabuddin told journalists that he respected the apex court's decision.

But he attacked Bihar Chief Minister Nitish Kumar, saying his supporters would give him an appropriate reply in the next assembly elections.

Shahabuddin, a vocal supporter of Rashtriya Janata Dal chief Lalu Prasad, said he stood by his earlier comment that Nitish Kumar "is a Chief Minister by circumstance".

When the Superintendent of Police reached his residence in Pratappur village where he was staying after his release from prison, Shahabuddin was not there.

His supporters said he had already surrendered in the court. "It surprised us," an officer said.

A RJD leader said Shahabuddin, a criminal-turned-politician, surrendered in the Siwan court without delay after the Supreme Court verdict.

"Unlike in 2003 when he surrendered in the court along with thousands of his supporters, he went alone this time and surrendered."

The apex court reserved its order on Thursday after hearing petitions by Rajiv Roshan's father Chandrakeshwar Prasad, his wife Kalawati Devi and the Bihar government seeking cancellation of Shahabuddin's bail.

Shahabuddin is the main accused in the murder of Chandrakeshwar Prasad's third son. He was convicted in the murder of his two other sons.

Senior lawyer Prashant Bhushan filed a petition on behalf of Chandrakeshwar Prasad seeking cancellation of bail on the ground that he will misuse his liberty to derail the trial against him.

It was also argued that his release posed a threat to the petitioner's life.

Referring to the cases in which Shahabuddin had been convicted and those pending trial, the Supreme Court order said: "Balancing the considerations of individual liberty and societal interest, as well as the prescriptions and the perception of law regarding bail, it appears to us that the High Court has erred in granting bail.

"We are of the view that the High Court was not justified in granting bail on the considerations recorded," the judges said.

--IANS

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