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On the Supreme Court granting bail to Dr Khaleel Chishty: PUCL statement

April 10, 2012
Given below is the statement of the PEOPLE’S UNION FOR CIVIL LIBERTIES on the Supreme Court’s decision yesterday to grant bail to Dr Khaleel Chishty. Given below the statement is the full text of the court order

The PUCL is extremely relieved that the SC decided to set free from the Prison 80 year old Dr. Khalil Chishty serving a life sentence in Ajmer Central Jail for a murder case. This is an extremely significant step but not sufficient as bail for Dr. Chishty as seen earlier when the trial was underway for 19 years, was like house arrest. he had to report regularly to the police and could not step out of his house and area. We hope that the next step of sending Dr. Chishty back home happens soon as it would be better for all that we send him back alive, when he can be with those who care for him and love. The PUCL appreciates the wisdom of the Supreme Court for this judgement.
While Judicial remedy would be pursued in the Supreme Court, we would like to remind all that the executive remedy as provided in the Indian Constitution of President and the Governot of a State granting Mercy to an individual at any stage of the judicial process, was stalled by the Governor of Rajasthan, who despite being recommended twice by the Chief Minister of Rajasthan that Dr. Chishty be pardoned, the Governor only let the file gather dust.
We take this opportunity in the interest of justice as well as strengthening further the relationships between the two countries and urge the Governor Sh. Shivraj Patil to sign the Mercy PEtition
Similarly the PUCL is committed to ensure the release of Sarabjeet who has been put on a death row and behind bars since 22 years in an alleged terror case. We urge the President of Pakistan to pardon him, commuting the death sentence to life and  granting  him safe passage home to India.
We are,
Prem Krishna Sharma (President)
Kavita Srivastava (General Secretary)
Radha Kant Saxena (Vice President)
D L Tripathi (Vice President)
Nishat Hussein (Vice President)
Anant Bhatnagar (Ajmer Secretary)

ITEM NO.65                  COURT NO.5              SECTION II

S U P R E M E     C O U R T   O F    I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).1493/2012

(From the judgement and order(s) in CRA No. 189/2011 dated 20-DEC-11

of The HIGH COURT OF RAJASTHAN AT JAIPUR)

MOHAMMAD KHALIL CHISTI                                Petitioner(s)

VERSUS

STATE OF RAJASTHAN                                        Respondent(s)

(With appln(s) for bail,permission to file additional documents and office report)

WITH SLP(Crl) NO. 2301 of 2012

(With appln. for bail and office report)

Date: 09/04/2012    These petitions were   called on for hearing today.

CORAM :

HON’BLE MR. JUSTICE P. SATHASIVAM

HON’BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s)      Mr. U.U.. Lalit,Sr.Adv.

In SR 1493/12          Mr. Nitin Sangra,Adv.

Mr. Gaurav Agrawal,Adv.

In SR 2301/12          Mr. Ravindra S. Garia,Adv.

For Respondent(s)      Mr. Rahul Verma,Adv.

Ms. Pragati Neekhra,Adv.

In SR 2301/12          Mr. Jasbir Singh Malik,AAG

Ms. Manju Jana,Adv.

Mr. Irshad Ahmed,Adv.

UPON hearing counsel the Court made the following

O R D E R

In SLP(Crl.)No.1493 of 2012

Heard both sides.

Permission to file additional documents is granted.

Leave granted.

With regard to the application for bail, Mr. Lalit, learned senior counsel appearing on behalf of the appellant has stated that the appellant is 80 years old as on date and resident of Karachi. He further stated that he is in Ajmer for the last 20 years. It is also pointed out by the senior counsel for the appellant that the main witnesses viz. PW-4 and PW-5 did not attribute any specific over    act to the appellant and according to him it is a case of free fight. By pointing out all these details, he prayed that he may be enlarged on bail.

On the other hand, learned counsel appearing on behalf of the State of Rajasthan submitted that the Courts below had relied upon evidence of PW-3 and in addition to the same, he being a Pakistani national, it is not desirable to release him on bail at his juncture.

We have considered the rival submissions and also perused the relevant materials.

Taking note of his present age and also considering the fact that he was in Ajmer for the last 20 years and the evidence of PW-4 and PW-5 and without expressing anything on the merits of the case, we are satisfied that the appellant has made out a case for enlarging him on bail. Accordingly, the appellant is ordered to be released on bail in Sessions Case No. 157 of 2001 to the satisfaction of the Court of Additional Sessions Judge, (Fast Track) No.1, Ajmer.

The Additional Sessions Judge is free to impose appropriate condition including surrendering of passport if he has not surrendered earlier.

Learned senior counsel for the appellant has also prayed for a specific permission to visit his country and also to reside at Delhi till the disposal of the appeal. In the absence of the separate petition giving adequate reasons, we are not inclined to grant such permission. However, appellant is free to file such application/(s) giving adequate reasons.

Crl.M.P. for bail is disposed of.

In SLP(Crl.)No.2301 of 2012

Leave granted.

List the   Crl.M.P. for bail   after two weeks.

[Madhu Bala]               [Savita Sainani]

Sr.PA                      Court Master

ITEM NO.27                  COURT NO.5             SECTION II

S U P R E M E    C O U R T   O F    I N D I A

RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (Crl) No(s).2301/2012

(From the judgement and order dated 20/12/2011 in CRA No.188/2011,

of The HIGH COURT OF RAJASTHAN AT JAIPUR)

YASIR CHISTI & ANR                                   Petitioner(s)

                   VERSUS

STATE OF RAJASTHAN                                   Respondent(s)

(With appln. for exemption from filing O.T.,bail and office report)

Date: 30/03/2012    This Petition was called on for hearing today.

CORAM :
          HON'BLE MR. JUSTICE P. SATHASIVAM
          HON'BLE MR. JUSTICE J. CHELAMESWAR

For Petitioner(s)     Mr. Ravindra S. Garia,Adv.

For Respondent(s)      Mr. Jasbir Singh Malik, AAG Rajasthan
                       Mr. Manju Jana, Adv

             UPON hearing counsel the Court made the following
                                 O R D E R

                Exemption from filing O.T. is allowed.

                Issue notice.

                 Mr. Jasbir Singh Malik, advocate appears
          and waives service of notice on behalf of State
          of Rajasthan. 
                Tag with SLP (Crl) No.1493/2012.

       [ Usha Bhardwaj ]                       [ Savita Sainani ]
         Court Master                             Court Master

*

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