The Hindu : MCD defends decision to expel Sharda Jain

Online edition of India's National Newspaper
Wednesday, Mar 03, 2004

New Delhi

New Delhi

MCD defends decision to expel Sharda Jain

NEW DELHI, MARCH. 2. The Municipal Corporation of Delhi has defended in Delhi High Court its decision to expel Sharda Jain, prime accused in Congress Councillor Atma Ram Gupta murder case, from the Corporation.

The MCD counsel Raj Yadav, arguing before Justice Vikramajit Sen, said the Corporation had expelled the Corporator from Keshav Puram in February last for absenting herself from the House without intimation for three months continuously.

On the recommendation of the Municipal Secretary, a resolution in this regard had been initiated, which was passed by the Corporation by a majority vote under the then MCD Standing Council Chairman Ram Babu Sharma, he said.

Mr. Yadav stressed that the MCD was within its powers to remove Sharda Jain without putting her to notice in the circumstances while she, through her counsel Rakesh Kumar, claimed that the MCD had to give her notice and a fair hearing before initiating the expulsion.

Sharda Jain alleged principles of natural justice had been violated, especially when it was public knowledge that she had been arrested and put in jail as an accused in the murder case.

The Court was hearing arguments on the petition filed by Sharda Jain challenging the vacation of her MCD seat.

Yesterday, the High Court had turned down Sharda Jain's interim bail application. Justice O.P. Dwivedi dismissed her petition seeking bail on the ground of helping her daughter with the school exams, after the Court was informed that there were other family members to coach the girl.

On February 26, the High Court had issued notice to the police on the petition, filed through counsel Ritu Gauba, in which Sharda Jain said her daughter's exams were due on March 3 and she would be able to assist the child being an MA and M Ed herself.

On February 17, the High Court had rejected the interim bail pleas of Sharda Jain and her brother and co-accused Raj Kumar. The two had sought bail to attend on February 18 and 19 the remembrance ceremony of their father who died on February 4 at Bulandshahr in Uttar Pradesh.

Justice Dwivedi dismissed the petitions after he was informed that on verification, it was found that the ceremony had already taken place a day before.

The prosecution also apprehended that the accused may "tamper" with evidence if they were enlarged on bail.

Atma Ram Gupta was murdered in Chajjupura village in Ghaziabad district on August 24, 2002 shortly after he and Ms. Jain left together after attending the Congress rally at Ferozeshah Kotla Grounds here. -- UNI

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