"Police complicit in shielding accused": Supreme Court cancels bail plea of Govind Singh, accused of murdering Congress Leader Devendra Chaurasia

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The Supreme Court today cancelled bail of murder accused Govind Singh, accused of murdering a Congress leader named Devendra Chaurasia. 
Singh is the husband of Madhya Pradesh BSP MLA Ramabai. 

A Division Bench of Justice DY Chandrachud and Justice MR Shah, while setting aside the Madhya Pradesh High Court order stated that that the High Court order allowed misuse of Police and ignored material facts concerning bail, said,

“Police has been complicit in shielding Singh. Spouse who is an MLA provided security in the State…Judicial independence of the district judiciary is cardinal to the administration of justice… If faith of citizens is to be preserved, we need to look at the district judiciary. District judiciary is first line of defence for the people - Independence of judiciary means independence of each judge.  District judges need to be independent also of their superiors in the judiciary - Independent from external influence and control. India cannot have two parallel legal systems- one for rich and powerful and politically influential, and the other for common man.”

Court also recorded that, Additional Sessions judge in the Govind Singh case informed the Supreme Court that he is apprehensive about his safety.

The Madhya Pradesh High Court vide order dated July 23, 2019 while declining the application for cancellation of bail, had observed that, 

“After hearing learned Counsel for the parties, we are of the considered opinion that I.A.No.6837/2019 & I.A.No.5781/2019 can be disposed of as per the statement made at the bar by Shri Ajay Gupta, Additional Advocate General for the State that the State Government is further investigating the issue on an application filed on behalf of appellant Govind Singh among other things stating that he has been falsely implicated. We, therefore, direct that the investigation may be completed as far as possible within three months but not later than 90 days. On completion of the investigation, if the appellant is found involved in the commission of the crime, he is immediately taken into custody, and the procedure as prescribed be followed. It is also observed that neither appellant Govind Singh shall threaten nor influence the witnesses and the complainant side”

On March 12, 2021, Supreme Court had directed Madhya Pradesh DGP to immediately arrest Govind Singh & ensure compliance by filing a personal affidavit.

[FULL JUDGMENT TO FOLLOW]

Case Title: Somesh Chaurasia v. State of Madhya Pradesh| Special Leave Petition (Criminal) Diary No(s) 21783/2020

Also Read: Supreme Court Warns Madhya Pradesh DGP For Taking Coercive Action In Case Of Failure To Arrest Husband Of BSP MLA For Murdering Congress Leader Devendra Chaurasia