Notice to Taslimuddin; SC stays proceedings
in Bihar court
S.S. Negi
Legal Correspondent

New Delhi, September 6
In a blow to the UPA government on “tainted” ministers issue, the Supreme Court today stayed proceedings in the Araria court on the Bihar Government’s plea for withdrawing a criminal case against Union minister Mohd Taslimuddin, saying the Magistrate concerned had shown “mortal hurry” in staying the arrest warrant against him.

“A normal case would have waited for days (for a decision), but in this case, a mortal hurry was shown by the magistrate’s court,” a Bench of Mr Justice N. Santosh Hegde and Mr Justice S.B. Sinha said, staying the proceedings in the case before the Araria First Class Judicial Magistrate.

The Bench issued notices to the Centre, the Bihar Government and Mohd Taslimuddin, seeking their replies to a petition challenging the Bihar Government’s decision to withdraw the 1996 case against the “tainted” minister. He was charged with attempt to murder, under the Explosive Substances Act for throwing a bomb on his political rivals and under the Arms Act.

The apex court, however declined to revive the arrest warrant at this stage. The stay order on the warrant was passed by a Link Magistrate on August 14.

Since Mohd Taslimuddin had failed to appear in the trial court after various summons, non-bailable warrant was issued by the Araria First Class Judicial Magistrate against him on August 23, 1999.

After the NDA had raised the issue of “tainted” ministers, mostly belonging to Lalu Prasad’s RJD, the Bihar Government on August 13 decided to withdraw the case against him.

The issue was brought in the Supreme Court by an NGO, Delhi Science Group (DSG), alleging that a Link Magistrate of Araria, who was not aware of the facts of the case, in a “tearing hurry” passed order on August 14 for stay of the arrest warrant on the application of the Public Prosecutor (PP), who was not supposed to make such a plea under the law as the warrant was earlier issued on his request.

DSG’s counsel Mukul Rohtagi said on August 14, when the First Class Magistrate hearing the case was on leave, the Link Magistrate called for the records of the case to himself, permitted the Bihar Government counsel to inspect the documents, allowed him to file an application for withdrawal late in the day and passed an order for stay of warrant late at night.

When Mohd Taslimuddin’s counsel objected to the allegations, the Bench asked him, “Does the courts consider other cases with such a tearing hurry.”

Taking strong exception to the behaviour of the PP, the apex court said, “Why should the PP ask for stay of the warrant? Does it not show extraordinary interest in the case on the part of the state government ?”

As Mohd Taslimuddin’s counsel alleged that the DSG was a frontal organisation of the BJP and claimed that the party was behind filing of the petition and now it would “exploit” the apex court’s order for taking “political mileage and demand his resignation”, the Bench said, “We cannot prevent political parties from commenting against each other.”

“Had the order been in the favour of your client, he would have also done the same thing,” the court observed.

The court, however, assured the minister’s counsel that if he could establish that the petition was “politically motivated”, it would not allow the NGO to remain a party in the petition and appoint an amicus curiae to take care of it.

The DSG, in its petition, said the decision of the Bihar Government to withdraw the case against the minister, who “is undergoing trial for several cases of heinous crimes, including murder, kidnapping etc... smacked of rampant abuse of power.”