The Supreme Court today sought response from controversial RJD leader Shahabuddin on a plea challenging the bail granted to him by the Patna High Court in a murder case.
The apex court, however, did not grant any interim stay on operation of Patna High Court’s bail order and said “We intend to give him (Shahabuddin) a hearing also. List it on Monday”.
The bench comprising justices P C Ghose and Amitava Roy asked Bihar government to serve its notice on Shahabuddin and fixed the matter for hearing on September 26.
Advocate Prashant Bhushan, appearing for Siwan-based Chandrakeshwar Prasad whose three sons have been killed in two separate incidents, said Shahabuddin is a “notorious criminal” and his reign of terror is in Bihar “in general” and Siwan “in particular”.
“There are 58 criminal cases pending against Shahabuddin and out of them he has been convicted in eight cases,” he said.
Shahabuddin had been granted bail recently by the High Court in the murder case of Rajiv Roshan, son of Prasad and the sole eye-witness to the cold-blooded murder of his two younger brothers in Siwan.
The RJD leader had already been convicted in the twin murder case and the trial in the Roshan murder case is yet to commence.
The Patna High Court, in its bail order, considered the fact that the trial in Roshan murder case could not begin as Shahabuddin was jailed at Bhagalpur prison and enlarged him on bail.
During the hearing, the apex court asked Bhushan as to whether he was seeking cancellation of bail granted to Shahabuddin or he was challenging the Patna High Court order.
“I am challenging the Patna High Court order granting him bail,” Bhushan replied and referred to various case laws to highlight the point that criminal antecedent of an offender should be considered while granting the bail.
Terming Shahabuddin as a “class-A history sheeter who cannot be reformed”, the lawyer said that High Court should not have granted bail to the leader.
Bihar government also supported the submission of Bhushan and rather went a step ahead while seeking issuance of non-bailable warrant against Shahabuddin.