Date:11/01/2006 URL: http://www.thehindu.com/2006/01/11/stories/2006011101051400.htm

National

Proceed against Taslimuddin: Bihar

Legal Correspondent

State Government tells Supreme Court the rule of law must prevail

New Delhi: The Nitish Kumar Government in Bihar on Tuesday told the Supreme Court that the "rule of law must prevail" in the criminal case pending against Rashtriya Janata Dal leader and Union Minister Mohammed Taslimuddin.

The Rabri Devi Government in August 2004 filed an application before the Judicial Magistrate of Araria in Bihar seeking withdrawal of a case of attempt to murder pending against Mr. Taslimuddin and others. The trial court issued a non-bailable warrant in this case and its execution was later stayed.

Counsel for Bihar made a statement on Tuesday before a Bench of Chief Justice Y.K. Sabharwal and Justice C.K. Thakker that the State wanted to file a supplementary affidavit to the effect that prosecution of Mr. Taslimuddin would continue.

On a petition filed by the Delhi Study Group challenging the withdrawal of the case against Mr. Taslimuddin, the apex court in September 2004 stayed all further proceedings. The petitioner submitted that since the case registered against Ms. Taslimuddin related to Central enactments — Arms Act and Explosive Substances Act coupled with murder — the State Government could not withdraw the case without the consent of the Centre.

Lifting of order

When the case was taken up on Tuesday, counsel for the petitioner pleaded for lifting the stay order passed by the Judicial Magistrate on execution of the NBW. He said the application for withdrawal was moved on August 14, 2004 late in the day, the file transferred to a Magistrate and the arrest warrant stayed — all on the same day.

Counsel for Bihar sought permission for filing a supplementary affidavit to proceed further in the case.

The Bench accepted the request and granted time.