Patna: The Patna High Court in a major setback to former parliamentarian Mohammad Shahabuddin has scrapped a lower court’s order for legal aid to the politician at government’s cost. Shahabuddin who hails from the Rashtriya Janata Dal (RJD) is currently lodged in Delhi’s high-security Tihar Jail in connection with the murder of a journalist.
A single-bench court of Justice Birendra Kumar cancelled the lower court’s order on Thursday while hearing a petition filed by the state government. The court also asked the lower court to reconsider its earlier decision taken in 2013.
The special court in Siwan district had passed the order for fee legal aid to the jailed politician after the latter filed a petition in the court for free legal aid citing his “poor financial condition”. The politician had in 2013 sought for legal aid at government’s cost under section 304 of the Criminal Procedure Code on the ground that he was not financially capable to hire a counsel for himself.
Subsequently, a senior advocate Abhay Kumar Rajan was appointed by the state government to plead his case at government’s cost as the lower court gave the judgement in his favour.
But on Thursday, the government counsel Shyameshwar Dayal vehemently opposed the lower court’s order and demanded for its cancellation, describing it as the violation of legal provisions.
“The provisions for free legal aid have been made for the poor and former parliamentarian doesn’t figure in the list. He is rich and can hire top lawyers like Ram Jethmalani,” Dayal was quoted as telling the court during hearing of the case.
The court was also told that Shahabuddin has been receiving pension as former parliamentarian and the property details attached with the nomination papers of his wife Heena Shahab, which she filed before the Election Commission while contesting 2009 Lok Sabha polls, also reveal he is not finically weak, court sources informed.
Apparently, taking into considerations all these points, the court cancelled the lower court’s order for free legal aid to Shahbuddin on Thursday. Shahabuddin who faces over 40 criminal cases has been in jail for the past 13 years. Last year, he was granted bail by the Patna High Court but the state government later moved the Supreme Court against this order. Eventually, the top court cancelled his bail and ordered for his shifting to Tihar Jail in Delhi.
