‘Don’t play games with the Supreme Court’, SC tells BSP MLA’s husband seeking bail in murder case

PTI, Jun 1, 2021, 6:38 PM IST

New Delhi: The Supreme Court Tuesday refused to entertain a bail plea of Madhya Pradesh BSP MLA’s husband, who was arrested in over two-year-old murder case of Congress leader Devendra Chourasia, asking him not to play games with the apex court.

A bench of Justices D Y Chandrachud and M R Shah allowed BSP MLA Rambai Singh’s husband Govind Singh to withdraw his bail plea and said, “Supreme Court will not enlarge you on bail. You can seek remedy before an appropriate forum”.

When counsel for Singh sought liberty of the court that he be allowed to persuade the trial court for bail, the bench said, “We are not saying anything in the order or giving you any liberty. Don’t play games with the Supreme Court”.

The bench told Singh that he has been booked for murder with 17 cases pending against him and even a lookout notice was issued against him after he tried to abscond.

Sensing the mood of the court, advocate Raj Kishore Chaudhary, appearing for Singh then said that he be allowed to withdraw the application for bail. Justice Shah said Singh was given police security just because he was MLA’s husband and police instead of arresting him were protecting him.

“It was only after the orders of this court that you were arrested. We are not inclined to give you bail,” Justice Shah said. On March 28, Singh, who was absconding, was arrested by the police after the top court had given a deadline to Madhya Pradesh Director General of Police of April 5 to arrest him or face coercive action. On March 26, the top court had observed that an effort was made to shield the accused after the DGP had said that despite the order of the court, police was not able to apprehend or arrest him.

The top court had asked the DGP to specify when and for what reason security was granted to Singh. It was hearing pleas by Somesh, son of Chaurasia, and the state government seeking cancellation of bail granted to Singh.

The pleas claimed he was involved in several murder cases while on bail. On March 12, the top court had taken “serious note” of the Madhya Pradesh Police’s failure to arrest Singh and the alleged harassment of a judicial officer by the Damoh Superintendent of Police.

It had asked the DGP to inquire into the allegations levelled by the Additional Sessions Judge (ASJ).

The ASJ, who is conducting the trial in cases involving Singh, has made him an accused in the murder case under section 319 of CrPC (Power to proceed against other persons appearing to be guilty of offence). The judge had noted in his February 8 order that he was “pressured” by the Damoh SP and his subordinates. The top court had noted that despite a non-bailable arrest warrant against Singh, he had evaded arrest and ”the rule of law must be preserved” by arresting him.

It said the judicial officer has claimed that the accused, who are ”highly influential political persons”, have raised false allegations against him and apprehends that he may be subjected to an ”unpleasant incident” in the future. ”We take serious note of the manner in which the Additional Sessions Judge, Hata, who is in charge of the criminal case, has been harassed by the law enforcement machinery in Damoh. ”We have no reason to disbelieve a judicial officer who has made an impassioned plea that he was being pressurized as a result of his orders under Section 319 of the CrPC,” the top court had said. The top court had noted that despite the registration of an FIR on March 15, 2019, in which Somesh alleged that Singh was complicit in the murder of his father, no steps have been taken by the investigating authorities to arrest him. The top court had directed the state government to provide adequate security to the judicial officer. The Madhya Pradesh government had earlier submitted to the top court that a warrant of arrest was issued against Singh and a proclamation under Section 82 of the CrPC on March 4 with an award of Rs 10,000.

Chaurasia was killed in March 2019 after he joined the Congress. The police had then registered a murder case against Singh and others.