Refusing to surrender,Haryana MLAs O P Jain and Zile Ram Sharma have moved the Supreme Court against an order of the Punjab and Haryana High Court. Dismissing their anticipatory bail applications,Justice Daya Chaudhary had given both MLAs a week to surrender before the special CBI court in Panchkula. Both have been charged with abetment to suicide.
Deciding against the High Court order,the two have petitioned the apex court demanding stay on their arrest. Their appeals are likely to come up for hearing this week.
While dismissing their bail plea last week Justice Daya Chaudhary said in his order,a copy of which was made available on Monday,that both Haryana MLAs are putting pressure from all corners by taking advantage of their power.
In a scathing judgement,he said the two do not deserve anticipatory bail. Justice Daya Chaudhary has also raised question marks over the mysterious death of a material witness in the case who was also a cousin of the sarpanch allegedly forced to commit suicide.
The sarpanch,Karam Singh,was found in a serious
condition near the Christian cemetery in Karnal on June 7,2011. He was taken to the government hospital,Karnal,where he was declared dead. The CBI had registered the case on September 25,2012 on the orders of the High Court.
Last weeks order also took note of the alleged pressure by the two MLAs on the family of the deceased. The court also raised question marks over the job given to son of a witness,who is now deceased.
The fact (is) that death of one witness,namely,Chamel Singh,occurred immediately after the murder of Karam Singh and also that pressure is being put upon the complainant as well as his family members either to compromise or not to proceed with the case as well as the influence being put by the petitioners reads the detailed judgment.
The order further reads,it is also clear from the fact that they have not been arrested immediately after registration of the FIR and even after presentation of challan,they have not joined the court proceedings so far,they do not deserve concession of anticipatory bail.
The Court further held,…,they are not only absconding but also putting pressure from all corners by taking advantage of their power. Deceased Chamel Singh was material witness in
the case and is stated to be the first cousin of the deceased,
has been murdered and his death occurred under mysterious
circumstances. An FIR was
registered but subsequently a cancellation report was submitted which was accepted by the trial court. It has also come on record that complainant,who is son of deceased Chamel Singh,has been given a job which shows that the influence has been put in that case also.
Finding their bail applications devoid of merit,the High Court dismissed their petitions last week. Now,the two have moved Supreme Court on the ground that High Court has erred in giving an adverse ruling against them.
They have also averred that they have not exerted any pressure on any of the witnesses or family of the deceased.