SC crit­i­cises HC over or­der grant­ing bail

Hindustan Times ST (Jaipur) - - Nation -

fact that the de­ceased be­longed to a cer­tain com­mu­nity can­not be a jus­ti­fi­ca­tion for any as­sault much less a mur­der,” the bench said, or­der­ing the im­me­di­ate ar­rest of the ac­cused last week.

The three ac­cused — Vijay Gamb­hire, Ganesh Ya­dav and Ajay Lalge — are among the 21 ac­tivists of the Hindu Rash­tra Sena, in­clud­ing their leader Dhana­jay Jayram De­sai, who were booked in con­nec­tion with the mur­der of the soft­ware en­gi­neer in Hadap­sar on June 2, 2014.

Shaikh was at­tacked by a mob dur­ing vi­o­lence that erupted over a so­cial me­dia post. Around hal­fan-hour be­fore the at­tack, De­sai was al­legedly ad­dress­ing a meet­ing that in­sti­gated the au­di­ence to vi­o­lence.

In its con­tro­ver­sial or­der last year, the The Bom­bay High court said: “The fault of the de­ceased was that he be­longed to an­other re­li­gion. I con­sider this fac­tor in favour of the ac­cused. More­over, the ac­cused do not have crim­i­nal record and it ap­pears that in the name of the re­li­gion, they were pro­voked and have com­mit­ted the mur­der.”

Not sat­is­fied with the Bom­bay High court’s bail or­der, the brother of the de­ceased Mubain Sheikh ap­proached the Supreme Court for can­cel­la­tion of the bail.

The top court has not just can­celled the bail of the ac­cused but re­manded the case back to Bom­bay high court for fresh con­sid­er­a­tion. cabi­net ap­proved a plan to mon­e­tise al­most 1600 acres of land be­long­ing to the four com­pa­nies and spread over dif­fer­ent parts of the coun­try. The four com­pa­nies have a to­tal land of 2352 acres.

When the panel asked if there were other ways to make these com­pa­nies prof­itable, the govern­ment main­tained that in view of the cabi­net de­ci­sion to off­load stakes, no com­ment can be of­fered at this stage.

The to­tal li­a­bil­i­ties of the three ail­ing com­pa­nies amount to ₹20,358 crore. Out of this, the li­a­bil­ity for IDPL stands at ₹ 10,866 crores, BCPL, ₹ 8681 crore and HAL, ₹811 crore.

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