Patna high court reserves order on Nitish Kumar’s plea in murder case

PATNA: The Patna high court on Thursday reserved its order on CM Nitish Kumar’s petition seeking quashing of cognizance taken against him in a 28-year-old murder case after the state government’s counsel Jharkhandi Upadhayay submitted in the court that the case was nothing but a “political vendetta”.

Supreme Court’s senior lawyer Surendra Singh, who appeared for Nitish before the bench of Justice Ahsanuddin Amanullah, told the court that a false case was registered against Nitish on the basis of a person’s deposition, who, according to police, was not even present at the murder spot.

Nitish and Yogendra Yadav had moved the high court in 2009, seeking quashing of cognizance and FIR, respectively, against them in a case pertaining to murder of Sitaram Singh, who was shot dead while standing in a queue for casting vote near Dibhar Middle School under Pandarak police station area in Barh on November 16, 1991.

Nitish, Yogendra, the then Mokama MLA Dilip Kumar Singh and two others were made named accused in the case by Sitaram’s cousin Rajaram Singh. Rajaram and four others were injured in the incident.

Police had submitted chargesheet against three, except Nitish and Dilip, in 1993, saying the two were not involved in the murder. The Barh ACJM court had taken cognizance against chargesheeted people on August 5, 2008.

Later, Sitaram’s another cousin, Ashok Singh, filed a protest petition before the ACJM court against Nitish and Dilip. The court took cognizance against both on January 31, 2009 on the basis of depositions by two people.

On Thursday, Justice Amanullah did not entertain the interlocutory petition filed by Sitaram’s younger brother Radhakrishna Singh for becoming a party in case against Nitish.

Counsel Ritika Rani, while appearing for Radhakrishna, pointed out that her client must be listened as there is none to oppose the case and it can’t be left to the “mercy of state counsels”. She also apprised the court that Bihar government’s standing counsel in Supreme Court Gopal Singh is appearing personally for Nitish with senior advocate, which is against morality of constitution, but it was also ignored by the court.

Incidentally, Radhakrishna had also written to Chief Justice of Patna high court Amreshwar Pratap Sahi to transfer both cases from Justice Amanullah’s bench, fearing injustice after he ordered both matters be heard separately during hearing on January 17.

In 2010, Justice Seema Ali Khan had ordered both matters be heard together as they were arising of same case.

Radhakrishna had also cited that Justice Amanullah lives with elder brother Afzal Amanullah, who was recently appointed as Real Estate Regulating Authority (RERA) chairman by Nitish government, while his wife was former social welfare minister and an MLA from JD(U).