Patna: India’s top court on Monday dismissed a petition seeking disqualification of Bihar chief minister Nitish Kumar’s House membership for allegedly concealing a pending murder case against him in his poll affidavit.
The dismissal of the case comes six months after it was filed by a Supreme Court lawyer Manohar Lal Sharma.
“We do not find any merit in the petition. It is dismissed,” a three-member bench headed by chief justice Dipal Misra said, according to media reports.
“Election Rules say that he [Nitish] should declare it after the trial court takes cognizance of the case,” the bench said, adding this had been done.
As per the report, the chief minister’s counsel informed the court that the trial had been stayed by the Patna High Court.
Moreover, no illegalities have been committed by the chief minister, the counsel said.
Sharma, in his petition, had alleged that the chief minister never applied for bail in this non-bailable offence and used his official position to get a closure report filed by the police.
“First, he continued on the post despite facing such a serious criminal charge. At least, he must have taken bail but he went on without it. And, secondly, he kept the Election Commission in the dark about his past precedent,” was how the petitioner Sharma had told the media in August last year after filing a case in the Supreme Court.
Seeking for a fresh investigation into the case, the petition had also urged the court to make a general declaration that anyone facing a criminal offence must be barred from holding constitutional office.
The whole revelation about Nitish Kumar having a murder case pending against him came to light after Rashtriya Janata Dal (RJD) president Lalu Prasad released a document to the media in July shortly after the Bihar chief minister broke away from the erstwhile ruling Grand Alliance to form government with rival Bhartiya Janata Party (BJP) against which he had won elections.
Kumar who currently heads the National Democratic Alliance (NDA) government in Bihar is at present a Member of Bihar Legislative Council, the Upper House of the state legislature. He has not faced the voters since becoming the chief minister in 2005.
The opposition alleged Nitish Kumar had intentionally concealed the pending case against him in his poll affidavits and claimed the latter has been an accused in 1991 murder case which took place during the mid-term poll for Barh Lok Sabha seat in Patna district.
“He [Nitish Kumar] is the only chief minister in the country against whom a murder case is pending,” was how alleged RJD leader Jagadanand Singh. He also mocked Kumar’s claim of morality saying, “The chief minister sought resignation of his deputy after the CBI registered a corruption case against him but he himself has been continuing in the office despite being a murder case pending against him for so long.”
RJD chief Lalu Prasad too has launched a scathing attack on Kumar for continuing as the Chief Minister despite a murder case pending against him.
“Friends, does the chief minister accused in a serious criminal case like murder have the moral right to continue in office especially when this happens to be the CM Versus State of Bihar case?” Prasad had tweeted.
