Supreme Court Slams Tamil Nadu Police For Hasty Arrest Of AIADMK Leader Rajenthra Balaji; Grants Him Bail For 4 Weeks

The Supreme Court of India on Wednesday granted bail for four weeks to former AIADMK Minister K.T. Rajenthrabhalaji accused in a Government job scam. The Bench recorded, "Taking into consideration of all the facts and orders passed by us in suo moto case where we gave directions to decongest the prisons due to covid, for time being we grant bail to the petitioner for period of 4 weeks subject to the condition that the petitioner shouldn't leave jurisdiction of the police station where the crime was registered. He has to surrender the passport to the concerned Magistrate and has to participate and cooperate with investigating agencies. List matter after three weeks. Meanwhile the State to file a detailed counter affidavit".The Bench has directed the order to be communicated to the concerned Magistrate/ Incharge Magistrate, and petitioner to be released after filing necessary papers before the concerned Magistrate. A Bench comprising the Chief Justice of India NV Ramana, Justice Surya Kant, and Justice Hima Kohli was hearing a special leave petition challenging Madras High Court's order rejecting anticipatory bail applications filed by Rajenthrabhalaji and a writ petition filed challenging his arrest and seeking quashing of FIRs filed against him. The Bench noted the following submissions made by the petitioner Counsel Senior Advocate Dushyant Dave:The Petitioner was arrested and was taken 300 kms away and kept in Trichy jail which wasn't in jurisdiction of the court where he was arrested.No notice was served to him to appear for any investigation or inquiry.In addition to this, the advocates who appeared for petitioners their offices were raided."This Issue Has Become Very Complicated Now": Supreme Court Pulls Up State Of Tamil Nadu: On Mr Dave's submissions that the former Minister after his arrest was taken to a jail in Trichy which was 300 km away from the place of arrest instead of being taken to the prison in Madurai, the Bench sought response from the State. Advocate Dr.Joseph Aristotle appearing for the State on instructions informed the Bench that the petitioner had to be taken to Trichy jail for safety reasons."Why what happened to him? He is a targeted person, and by whom? I don't understand. The issue has become very complicated now," CJI said."The incidents mentioned, if they are serious and it has happened, it is a matter of serious consequences. It appears we have to take a serious view and it requires an inquiry," CJI said"The fact that you didn't issue any notice to him, the manner in which you arrested him, the fact that you took him 300 kms away from jurisdictional jail, all these facts as pointed by CJI, the prima facie inclination is we must order a judicial inquiry," Justice Surya Kant said."Availability is also an issue," AAG Krishnamurthy said."Your jails are so crowded now in your State? We are passing orders for decongestion of all jails in suo moto case and we have been saying that those not involved in serious offences etc be realised, and you are not de crowding your jail despite our order?", the Bench remarked The Bench was later informed that that petitioner was moved from Madurai prison because that prison didn't have A-class facilities that are to be given to a former Minister. The Bench asked the State to mention the same in its counter-affidavit. His arrest before Supreme Court Hearing was a matter of Chance: Senior Advocate Mukul Rohatgi for StateThe Bench stated that the State in its affidavit has admitted the fact that information of SLP against High Court's order rejecting bail being filed before the top court was given to them, despite that they went ahead and conducted raids at different places"We have no tolerance for any corrupt practice but we are only examining if there's any element of political vendetta", CJI saidSenior Advocate Mukul Rohatgi submitted for the State that the complaint was given on 28th August, FIR was registered on 15th November and anticipatory bail before High Court remained pending for 4 weeks but he wasn't arrested."After the bail got dismissed, he has been absconding, how can an absconder move the Supreme Court and ask for relief? It is a matter of chance that he was picked up on 5th January. It is not that the team was informed every moment that the Supreme Court has been moved, it will come up etc. He was arrested after 4 months", Mr Rohatgi said."The matter was filed after dismissal of anticipatory bail and was pending here. It couldn't be taken up due to vacation. By the time it is listed, he is arrested. He is entitled to have his matter heard." CJI said "The manner in which he has been arrested, the manner in which the house of his Advocate has been raided, and Advocate's wife was asked to disclose his whereabouts, that is objectionable", Justice Surya Kant said"If this is the way, we have to order inquiry into activity of your police, how they behave with lawyers also. This is how the police will behave?" CJI remarked....

Supreme Court Slams Tamil Nadu Police For Hasty Arrest Of AIADMK Leader Rajenthra Balaji; Grants Him Bail For 4 Weeks

Srishti Ojha

Tags