This Article is From Sep 22, 2016

Convicted Twice, Shahabuddin Walks Free. Father Of 3 Murdered Sons Asks Why

RJD's Mohammad Shahabuddin was released on bail after spending 11 years in jail.

Siwan: Hunched on a bed in a room in Siwan, west of Patna, 70-year-old Chandrakeshwar Prashad alleges sabotage. His words refer to the release of don-turned politician Mohammad Shahabuddin on bail after being in jail for 11 years.

A member of the Rashtriya Janata Dal, part of Bihar's ruling alliance, Shahabuddin was convicted last year for the murder of Mr Prashad's two sons in 2004. He is serving two life sentences in two separate cases.

But he got bail in the murder case of Rajiv Roshan, Mr Prashad's eldest son. A witness in the murder of his two brothers in 2004 - Rajiv was shot dead in 2014.

So, says Mr Prashad, he was stunned to learn that he had got bail in the murder case of his oldest son Rajiv Roshan, who was a witness to the murder of his two brothers in 2004, and was shot dead in 2014. Mr Shahbuddin, who was in jail when Rajiv Roshan was killed, is charged with conspiracy.
 

Photographs of Rajiv Roshan (centre) and his two brothers, Satish (left) and Girish (right) who had been murdered.

 
Mr Prasad has appealed to the Supreme Court to cancel Shahabuddin's bail, citing a threat not just to his family, but also 35 ongoing trials, in which, he says, witnesses will now be too scared to testify.

The Patna High court gave bail to Shahabuddin because of a delay in starting trial in the Rajiv Roshan case. Mr Prashad and also the opposition BJP allege that the stance taken by government lawyers suggest "questionable competence and sabotage."

"I do feel that the government is with Shahabuddin. If the government wanted, they could have kept a good lawyer and opposed bail," said Mr Prashad.

Special Public prosecutor Shyameshwar Dayal, who handled the case, did not argue against bail, sending instead his junior R N Jha.

Mr Jha, the court order shows, said trial was delayed because Mr Shahabuddin was shifted from one jail to another. He did not however mention that trial was held up for more than a year as Mr Shahabuddin's plea against the charge of conspiracy was heard and rejected.  

The Siwan police said since Shahabuddin was shifted to a jail outside the district, bringing him to court posed a challenge. The explanation doesn't add up, said local BJP lawmaker Om Prakash Yadav. "There is technology now to conduct a trial from anywhere," he said.

Mr Prashad says he wants to know how a man serving two life sentences for murder and convicted only last year in one of them, could get bail in a third murder case.

"This seems to be a situation where a person is released in a pending case and then he is a life convict in other cases. I think the court should be very wary," said senior lawyer Sidharth Luthra.

The Supreme Court will hear Shahabuddin's reply to the petition against bail next week.
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