SC set aside bail granted by Madhya Pradesh HC to the accused in alleged murder of Congress leader
Jul 22, 2021
New Delhi [India], July 22 : The Supreme Court of India set aside the Madhya Pradesh High Court order of granting bail to the accused, Govind Singh stating that the HC order was a failure "to preserve the sanctity of Justice".
An apex court bench led by Justice Dr. Dhananjaya Y Chandrachud, in its verdict on Thursday observed that the state administration has been trying to allegedly protect the accused, Govind Singh who is the husband of Madhya Pradesh Bahujan Samaj Party MLA Ramabai Singh in the alleged murder case of Congress leader Devendra Chaurasia.
"This case is fit for cancellation of bail," the Supreme Court said and cancelled the bail granted to Govind Singh in the alleged murder case.
The Supreme Court passed the verdict after going through the plea filed by Somesh Chaurasia, claiming that Govind Singh was involved in several murder cases while on bail. Govind Singh, husband of BSP MLA Ramabai Singh from Patharia in the state's Damoh district, is accused of the murder of Somesh Chaurasia's father, Congress leader, Devendra Chaurasia.
The police have been protecting the accused, Govind Singh on account of the influence of his spouse, who is an MLA and has been provided security in the state. However, the Director-General of Police informed this court that the accused could not be arrested, the Supreme Court said, in its judgment on Thursday.
"Effort was made to shield the accused from justice. Machinations made to shield the accused, who is the spouse of a powerful political person," the apex court observed.
The apex court ordered that Govind Singh should be moved to a different district jail to ensure that the fair process of law is not affected.
"Judicial independence of the district judiciary is cardinal to the administration of justice," the apex court said in its judgment.
The Supreme Court also expressed the concern to protect district judges, after noting that the Additional Sessions Judge (ASJ) in the Govind Singh case had informed the Supreme Court that he is apprehensive about his safety
The apex court today asked the Chief Justice of Madhya Pradesh High Court to conduct an inquiry into the allegations of the ASJ.
"India cannot have two parallel legal systems; one for the rich and the powerful and politically influential people, and the other for the common man," the Supreme Court noted in its judgment today.
The apex court also noted that the second aspect is the impact of the order of the High Court. The investigation in the FIR should have been allowed to proceed and this order had the effect of interference in the investigation of the FIR.
"Independence of the judiciary means independence of each judge. District judges need to be independent also of their superiors in the judiciary," the Apex Court said, in its judgment today.