No short cut: SC declines to hear Kanda bail plea

A Bench led by Justice C K Prasad took strong exception to Kanda directly approaching the Delhi High Court for bail,bypassing the first jurisdiction with the trial court to adjudicate such pleas.

“Why did you go to the High Court directly? You should have gone to the trial court first. This is a peculiar procedure. Even if there are concurrent jurisdiction (to entertain the bail plea) with both the courts,you have to first approach the trial court,” observed the court.

When senior advocate Mukul Rohatgi reasoned that the High Court judge in fact took up his bail application and decided it on merit,the Bench said: “So what. You must follow the procedure which is available to everybody else.”

The court also took umbrage at the fact that the High Court,while entertaining Kanda’s bail plea,had noted that the politician was “reluctant” to move the sessions court. “High Court finds that you were reluctant to go to the sessions court. The High Court should not have heard you. A litigant can say anything but the court needs to decide the right course,” remarked the Bench.

The Bench directed Kanda to “follow the regular procedure meant for everybody” and move the bail application before the sessions court first.

Meanwhile,Additional Solicitor General Siddharth Luthra informed the court that the chargesheet against Kanda and his employee Aruna Chaddha of conspiring to intimidate the victim for taking the extreme step has already been filed in the sessions court. The trial is,however,yet to begin,he added.

Rohatgi,however,contended that there have been intermediate delays by the prosecution and that they have now also issued letter rogatory for Dubai to gather certain evidence.

But the court refrained from commenting on the investigation and only recorded “it was not inclined to entertain” Kanda’s appeal in the present form. It also said that whenever Kanda moves the sessions court for bail,the trial judge will decide the matter on its own merits.

Geetika,23,committed suicide at her Ashok Vihar house in Delhi on August 5 last year. She left behind two suicide notes,blaming Kanda and his employee Chaddha,a former official in Kanda’s now-defunct MDLR Airlines where Geetika worked. Both are now in judicial custody and have denied any involvement in the suicide.