New Delhi : The Nitish Kumar Government on Tuesday informed the Supreme Court that the criminal case pending against the Rashtriya Janata Dal leader and Union Minister, Mohammed Taslimuddin, should proceed further.

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. It was in this case the trial court had issued a non-bailable warrant and later the same trial court stayed its execution.

Counsel for Bihar made a statement on Tuesday before a Bench, comprising Chief Justice Y.K. Sabharwal and Justice C.K. Thakker, that the State would file an affidavit explaining its stand and it was filed later in the day. The Bench granted two weeks to the parties to respond to the affidavit and adjourned the hearing till then.

Challenged

On a petition filed by the Delhi Study Group challenging withdrawal of the case against Mr. Taslimuddin, the apex court in September 2004 had stayed all further proceedings. The petitioner submitted that since the case registered against Mr. Taslimuddin related to Central enactments, viz. Arms Act and Explosive Substances Act, and a murder, the State Government could not withdraw the case without the consent of the Centre. It alleged that the then Bihar Government and the Public Prosecutor hastily withdrew the case registered in 1996. 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. The application stated that proceeding further in the case would be waste of time of the court. The petitioner pleaded for vacating the stay on execution of the non-bailable warrant issued against the Minister.

Fresh affidavit

In the fresh affidavit, the Bihar Government reversed the Rabri Devi Government's stand and said the Minister was involved in a cognisable, non-bailable and non-compoundable serious offence. The grounds cited in the application for withdrawal of the case did not exist now and trial of the case should be allowed to proceed further.

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