Court rejects Shahabuddin's petition to stay trial in jail

NEW DELHI: The Supreme Court on Monday refused to stay the trial of criminal cases against controversial RJD MP Mohammed Shahabuddin in Siwan district jail, where he is presently lodged.

A bench comprising Justice Ashok Bhan and Justice Dalveer Bhandari, however, issued notice to the state of Bihar on Shahabuddin���s plea challenging government decision.

The government through its two notifications issued in June last had set up a sessions court and a judicial magistrate court in the jail to hold trial of various cases against the sitting MP.

The court sought response from the government after hearing the contention of Shahabuddin���s counsel.

Senior counsel Ram Jethmalani, appearing for the MP, said the government���s decision was arbitrary, discriminatory and without jurisdiction seeking quashing of the government order.

He contended that the change of venue for the trial could be ordered with the prior and express consent of the prosecution and the defence, but in this case the procedure was not followed and courts were established without his consent.

He also sought an early hearing of the case. The court, did not entertain the plea saying: ���You (Sahabuddin) are safe there���.

The MP, lodged in the jail since November 2005, alleged in the petition that the state government was hostile towards him and it���s notification was simply to settle political scores.

���The MP is being maltreated by the district administration and jail authorities at the behest of hostile state government machinery enticed and besotted with a vicious desire to seek ruthless vendetta and settle political scores,��� the petition said.

The petitioner is undergoing life imprisonment sentence awarded to him by a trail court for kidnapping with intent to murder a CPI(ML) worker Chotte Lal Gupta in 1999.

He is also being prosecuted in around 30 cases for various offences including murder and kidnapping.