The issue whether controversial RJD leader Shahabuddin would remain free or go back to jail will be decided tomorrow with the Supreme Court today reserving its verdict on two appeals challenging the grant of bail to him by the Patna High Court in a murder case.
The apex court also rebuked Nitish Kumar-led Bihar government, which has RJD as its coalition partner, for its lax approach in opposing bail granted to the RJD strongman in various cases at different judicial forums including the High Court.
Bihar government, which drew flak from the court since the beginning of the hearing on appeals, was today again questioned for not providing a copy of the charge sheet to him for 17 months in the murder case of Rajiv Roshan.
Roshan, the eye witness to the gruesome killings of two of his younger siblings, was also killed few days before his proposed testimony in the murder case of his brothers.
A bench comprising Justices P C Ghose and Amitava Roy, which heard the parties for nearly three days, referred to the trial court records and said it cannot simply go by "inferences" drawn from various happenings in lower courts, as the order sheets revealed that police records were not provided to the accused.
"We have to act as per records. We have an onerous duty to perform. What kind of prosecution is this that for one-and-half years the trial court kept on saying: provide the police records. You (Government) can't say the prosecution has no role in the proceedings. It can't be a one-sided affair," the bench said.
Dissatisfied with the response of the state government, the bench said, "It is not that the trial court proceedings are alien to us."
Lawyer Prashant Bhushan, appearing for Siwan-based Chandrakeshwar Prasad who lost his three sons in two separate crimes, vehemently opposed the contention of Shahabuddin that he was not provided the case records including chargesheet for 17 months after it was filed in the trial court.
"It is a cock-and-bull story which has been told in the Supreme Court for first time, that too orally without any affidavit," Bhushan said adding that Shahabuddin had challenged the trial court order taking cognizance of the offence in the sessions court.
There was not "even a whisper" that Shahabuddin was not supplied with the copy of chargesheet, he said.
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