The Hindu : National : Criminal case against Taslimuddin to continue

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Wednesday, Feb 21, 2007
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National

National

Criminal case against Taslimuddin to continue

Legal Correspondent

Nitish Government reverses Rabri regime stand

Affidavit filed in apex court Grounds for withdrawal of application no longer exist

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

The Rabri Devi Government in August 2004 filed an application before the judicial magistrate of Araria in Bihar seeking withdrawal of the 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 stayed its execution.

Counsel for Bihar on Tuesday told a Bench, consisting of Chief Justice K.G. Balakrishnan and Justices R.V. Raveendran and D.K. Jain, that the State had filed an affidavit to withdraw the application filed by the previous government. In view of this stand, the Bench disposed of a writ petition with a direction to the trial court to pass orders on the pending applications in accordance with the law. On the petition filed by Delhi Study Group challenging withdrawal of the case, the apex court in September 2004 stayed all further the proceedings. The petitioner said that as the case against Mr. Taslimuddin related to Central enactments — the Arms Act and the Explosive Substances Act coupled with murder — the State Government could not withdraw it without the Centre's consent.

The petitioner alleged that the then government and the public prosecutor exhibited hurry in seeking withdrawal of the case registered in 1996. The application for withdrawal was moved, the file was transferred to a magistrate and the arrest warrant stayed — all in the same day on August 14, 2004. The application said proceeding further in the case would be a waste of the court's time.

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