Thursday, August 18 2005 16:52 Hrs (IST) - World Time -

Patna: Fugitive Rashtriya Janata Dal (RJD) Lok Sabha member Md Shahabuddin today (August 18, 2005) got respite when the Patna High Court quashed the arrest warrant issued by Siwan District Magistrate against him in connection with proceedings under Bihar Control of Crimes Act, even as the state police chief said other three non-bailable warrants of arrest against the MP would be executed soon.

A division bench of the court, comprising Justice Nagendra Rai and Justice Barin Ghosh, quashed the June 22, 2005 warrant of arrest issued by Siwan District Magistrate, S K Mal, following repeated refusal by Shahabuddin to appear before him despite summons to show cause why CCA should not be applied against him.

The court, however, allowed the District Magistrate to conclude the proceedings initiated by him against Shahabuddin under CCA within a month and pass appropriate order.

The judges accepted the plea of Shahabuddin's counsel Raju Giri that under article 20 (3) of the constitution no person accused of any offence shall be compelled to be a witness against himself.

Earlier, the High Court had on July 13, 2005 stayed the execution of the warrant issued by Mal and directed him to explain the reason for issuing the order.

Before issuing the warrant on June 22, 2005 Mal had issued summons to Shahabuddin for appearance on an earlier order by his predecessor C K Anil to book the MP under CCA for his alleged involvement in criminal activities post February 18, 2005 the day Anil had externed him from the district for six months.

Shahabuddin had failed to turn up on June 20, 2005 the deadline set by Siwan District Magistrate Mal, who had on June 22, 2005 ordered the police to arrest the MP and produce before him.

Anil had applied CCA on the MP on February 18, 2005 and externed him apprehending breach of peace during the assembly poll in Siwan on February 24, 2005.

However, that order was later overruled by Saran Division Commissioner, C Lal Sota, prompting Anil to issue a fresh order on May 16, 2005 to book Shahabuddin under CCA.

Anil had contended that he had fresh evidence of Shahabuddin's continued criminal activities post February 18, 2005 as was reflected by recovery of illegal firearms, ammunition and unaccounted foreign currency during a raid on Zdpremises at Pratappur on April 24, 2005.

Meanwhile, Bihar Director General of Police A R Sinha has said the three non-bailable arrest warrants against the fugitive MP would be executed soon.

"We are on the job and warrants of arrest against Md Shahabuddin will be executed soon," he told reporters.

The Election Commission as also the High Court have asked the State Administration to arrest all those against whom non-bailable arrest warrants were pending.

Three nbws are pending against Shahabuddin execution by Hussainganj police station relating to recovery of illegal firearms, ammunition, unaccounted foreign currency, power theft and violation of wildlife act.

The warrants notwithstanding, he was in a RJD delegation that called on the Election Commissioners recently and addressed a function organised by RJD minority cell at Muzaffarpur.