Sc Flays Tada Judge, Grants Bail To Rai

The Supreme Court yesterday granted bail to former Union minister Kalpanath Rai, on his appeal against his conviction and sentence by the TADA judge of Delhi for harbouring an alleged terrorist.

The division bench consisting of Justice M K Mukherjee and Justice S Saghir Ahmad made scathing remarks against Judge S N Dingra for his imperfect knowledge of criminal law. The apex court had recently passed adverse remarks against Dingra in an appeal against his judgment in a murder case.

It appears that the judge did not have the elementary knowledge of criminal law while deciding the case, the judges observed in the Kalpanath Rais appeal. Rai was sentenced to ten years for keeping one V N Rai in the NTPC guest house while he was a Union minister. V N Rai is one of the absconders in the Bombay JJ hospital shoot-out case. The Supreme Court judges said V N Rai had not been convicted and therefore he could not be called a terrorist. Moreover, harbouring a terrorist must be with the knowledge that he had committed a crime and in order to deliberately shield him.

 

In this case, not only was V N Rai not convicted, but Kalpanath Rai, his relative, was not aware of any crime committed by V N Rai. Therefore harbouring to protect him did not arise. These were elementary principles of criminal law a trial judge should know, the judges observed. Rais counsel pointed out that there was confusion about the initials of the Rai who stayed at the guest house. There were no witnesses to confirm which Rai was at the guest house. He further argued that Kalpanath Rai has been convicted for a crime committed in 1992 while his act became a crime only by an amendment in the law made in 1993.

Additional solicitor general V R Reddy, appearing for the CBI, opposed the bail and submitted that there was enough evidence to convict V N Rai. He was given shelter during the period when he committed the crime. There was also no confusion about the initials as witnesses have identified him as the person who stayed at the guest house.

The Supreme Court also suspended the Rs 10 lakh fine imposed by the designated judge while admitting the appeal challenging the validity of the judgement. The full hearing will take place in August. Meanwhile, Rai will be released on his furnishing a personal bail bond of Rs one lakh and two sureties of like amount to the satisfaction of the TADA court.

Dingra has since been transferred to another court. Therefore, Rais counsel expressed difficulty in moving the judge again. The Supreme Court clarified that if there was any difficulty on that account, he could approach the apex court again. The Supreme Court imposed several conditions on Rai, specifying that he shall not leave the country without the prior permission of the designated court. The same bench admitted another appeal filed by East West Travel and Trade Links Ltd, which had also been convicted by the TADA judge ordering it to pay a fine of Rs 50 lakh on a similar charge. The apex court directed the lifting of orders on the attachment of the properties of the travel agency, alleged to be owned by Dawood Ibrahim.