SC to consider shifting of Shahabuddin outside Bihar to Tihar jail

NEW DELHI: The Supreme Court on Monday sought response from criminal turned politician Mohammad Shahabuddin on why he should not be transferred out of Siwan jail to Tihar jail in Delhi to ensure free and fail trails in around 45 cases against him.
A bench of Justices Dipak Misra and Amitava Roy issued notice to RJD leader on petitions filed by victims’ families alleging that free and fair trial against him was not possible if he remained in Bihar jail.They alleged that witnesses would not be able to depose against the controversial leader with his goons threatening them.
Senior advocate Dushyant Dave, appearing for Chandrakeshwar Prasad whose three sons were allegedly killed by Shahabuddin, told the bench that terror of the politician was still prevailing in Siwan even after he was sent to jail and the court must intervene to ensure fair trial.
“Justice is not possible if he continues to influence witnesses from jail. He is accused of killing one the sons of Prasad when he was in jail and the incident took place just two days before the deceased, who was the sole eye witness, was to depose against him in the murder case of his two brothers. This shows the influence of the man who can commit crime from inside the jail,” Dave contended.
“Judiciary must rein in the gentleman if justice is to be done in cases filed against him,” he said, adding, “when a person goes beyond the bounds of law and becomes a history-sheeter, the Court is required to pass appropriate orders, regard being had to the societal necessity”.
Referring to 2005 judgement in which the apex court had directed shifting of another criminal turned politician Pappu Yadav to Tihar jail, Dave told the bench that similar order should also be passed in the present case also. He said that trial against Shahabuddin could be conducted through video conferencing from Tihar jail.
Wife of a senior journalist, who was gunned down allegedly at the behest of Shahabuddin, also told the court that she and her two children were living under the shadow of death and expressed apprehension of being attacked for pursuing the case against the politician.
The court, after hearing the plea of victims’ family, said that the issue needed to be examined and directed Shahabuddin to file his response within four weeks.
Bihar government also did not oppose the plea for shifting of Shahabuddin out of state and said that it was for the court to take a call on the issue as the accused was under judicial custody.
Shahabuddin, a two time MLA and four times Member of Parliament from Siwan constituency, had been in jail since November 2005 after he was arrested from his official MP’s residence in New Delhi by a joint team of Bihar and Delhi police, in connection with various cases. He came out of jail after being granted bail in all cases but he was again sent to jail after the Supreme Court quashed his bail. He has been convicted and sentenced to life imprisonment in two cases by trial courts.