Ex-BSP minister gets bail in murder case

Nishad’s lawyer Hamidullah Khan said,“The order from Supreme Court has been received and the order and the bail bonds were submitted in local court today. But the judge did not order Nishad’s release,as the bail order did not mention the name of the police station concerned and the offences against the accused.”

“The judge has written to the Registrar of the Supreme Court,seeking clarifications and directions. It will take about a week,” Khan said.

Nishad was arrested after he allegedly led a group of people to the City Kotwali police station in Maharajganj district on June 7,2008 and shot constable Krishnanand Rai.

They mob was angry over the police handling of an alleged rape case. They ransacked the police station,damaged wireless sets and even tried to loot weapons.

On June 10,Nishad was arrested and produced in court,which sent him to Deoria jail on judicial custody. Thirteen other people were also arrested.

In less than a month,Nishad complained of severe backache and was sent to hospital. Superintendent of Deoria district jail Kuldip Sharma said: “Nishad was hospitalised on July 5,2008. He has not returned to jail since then.”

Nishad’s lawyer said he was sent to BRD Medical College,Gorakhpur. Later,he was moved to CSM Medical University in Lucknow where he remained for a month and a half,before being sent back to Gorakhpur where he is still in hospital.

Nishad’s medical records show he is suffering from spondylitis,diabetes and hypertension and doctors treating him have said that none of his problems require hospitalisation.

Asked about the case,Khan said,“The prosecution has completed recording evidence. The statements of 14 of the accused have to be recorded. Later,final arguments will begin.”

Khan said the prosecution had produced 29 witnesses,including 24 policemen,three doctors,the priest of the temple on police station premises and a betel shop vendor.

“Eight policemen,including Ram Swarath Yadav,then SHO of the Kotwali police station who is also a complainant in the case,have stated before the court that Jamuna Nishad was not present at the police station when the constable was shot,” Khan claimed.

Additional District Court Counsel of Maharajganj Mithilesh Kumar Pandey,however,said,“A majority of witnesses,who are policemen,corroborated Nishad’s presence at the police station when the murder took place. They have even stated before the court that Nishad had instigated one of his associates,Shailendra Madheysia,to open fire at the policemen.”