SC refuses to hear bail plea in Ponty Chadha case

The Supreme Court of India has, in the past, put down its foot and made many decisions beforehand. On Wednesday, the SC refused to hear the bail plea of sacked minorities panel chief Sukhdev Singh Namdhari. Namdhari is accused in a 2012 shootout case, which killed liquor baron Ponty Chadha and his brother Hardeep. According to the SC, the charges against Namdhari are too “ grave” . Dismissing the plea for interim bail, the apex court vacation bench, comprising Justice Pinaki Chandra Ghose and Justice Amitava Roy, asked: & quot Why interim bail was granted (to him) from time to time? It was granted, extended and finally it was rejected (by the high court).& quot Refusing to interfere with the high court's order rejecting his plea for bail, the apex court bench observed: & quot When you moved the high court for bail, the trial court granted you interim bail.& quot Namdhari is a co-accused in the killing of Ponty Chadha and his brother Hardeep Chadha allegedly in a shootout in Chattarpur in November, 2012. Both Ponty and Hardeep reportedly had a dispute over property. Namdhari was the head of Uttarakhand minorities panel when the incident took place. Later he was sacked from the panel. & quot Does anything remain to be said in favour or against you,& quot asked the bench unimpressed by the submission made by Namdhari's counsel who said & quot I am only seeking an interim bail& quot . & quot Are we in a system governed by the rule of law,& quot wondered Justice Roy as Namdhari's counsel made efforts to persuade the court to grant interim bail. The counsel drew blank as he sought some liberty, when the bench observed: & quot You are creating your own liberties. Why you need liberty from us?& quot n April this year, the trial court, which is currently recording prosecution evidence in the case, has cancelled the interim bail of Namdhari and sent him to jail. The trial court, while cancelling the interim bail, had said the main complainant, Nandlal Mahto, had turned hostile in the matter and it could not be ruled out that Namdhari had threatened him or given him gratification to turn hostile. The plea seeking cancellation of Namdhari's interim bail was filed by wife of Hardeep in the trial court. Namdhari, the alleged main conspirator in the case, was granted interim bail on November 27 last year on medical grounds which was extended time to time. The accused had said that he was suffering from various ailments like hepatitis C, blood pressure and heart problems apart from depression and having suicidal tendencies. Ponty and Hardeep, who were allegedly involved in a property dispute, were killed in a shootout at a Chhattarpur farmhouse here on November 17, 2012. Subsequently, Namdhari was arrested on November 23, 2012. Later, the remaining accused were apprehended. The trial court in July last year had framed charges under section 302 (murder) read with section 149 (offence committed by member of unlawful assembly) of the IPC against all the 21 accused, including Namdhari and his Personal Security Officer (PSO) Sachin Tyagi.

OUR TAKE

Many think of this as a strong move on the part of the apex court and all the questions posted by the SC in its statement is valid too. Why interim bail was granted from time to time? It was granted, extended and finally it was rejected.” Various reasons were cited but were they true? The situation is a murky one and as the case is dragged on, many more dirty secrets are bound to come out in the open.