Date:31/08/2004 URL: http://www.thehindu.com/2004/08/31/stories/2004083105211200.htm

Other States - Bihar

Notice to Bihar on Shahabuddin's bail plea

By Our Legal Correspondent

NEW DELHI, AUG. 30. The Supreme Court today issued a notice to the Bihar Government on a petition filed by the Rashtriya Janata Dal Member of Parliament, Mohd. Shahabuddin, seeking bail in a case relating to the abduction of a CPI-ML (Liberation) member, Munna Chaudhary, in 2001.

A Bench comprising Justice Shivaraj V. Patil and Justice B. N. Srikrishna, issued a notice returnable in four weeks on the special leave petition against a Patna High Court order rejecting his bail plea.

Status quo

The Bench, however, declined to stay the contempt proceedings initiated against Mr. Shahabuddin by the Patna High Court on the ground that he was interfering with the administration of justice. The Bench told counsel that since the matter was coming up for hearing again on September 16 before the High Court, it would not entertain the matter.

The High Court had initiated contempt proceedings based on newspaper reports on Mr. Shahabuddin's movements during his visit to New Delhi to take oath as an MP while in judicial custody. The High Court had on July 15 cancelled the special permission granted to him to attend the monsoon session of Parliament and ordered his immediate return to the prison.

Counsel for Mr. Shahabuddin contended that all the others accused in the case had been granted bail but the petitioner had been in prison since August 2003. The only ground given by the High Court for refusing bail was that he was interfering with the administration of justice and separate contempt proceedings had been initiated.