The Rajasthan high court had earlier granted bail to the accused man, and more recently to his mother.
Jaipur: A Supreme Court bench headed by Chief Justice of India N.V. Ramana on Monday cancelled bail granted by the Rajasthan high court to a key accused in the 2017 Amit Nair murder case.
Amit’s wife Mamta had challenged the high court order granting bail to her brother Mukesh Chaudhary, accused as a co-conspirator in the case along with his father and mother, among others.
Earlier on Friday, the Supreme Court bench headed by the CJI Ramana had reserved its order after hearing arguments from senior counsel Indira Jaising, appearing for the petitioner, and advocate H.D. Thanvi, appearing for the state of Rajasthan.
“Yes, the bail granted to Mukesh has been cancelled. He has been asked to surrender,” Jaising confirmed to The Wire.
The high court had let Mukesh out on bail in December last year. On Friday, July 9, his mother Bhagwani Devi was also granted bail. Mamta now plans to appeal this bail order in the Supreme Court too.
Amit Nair was murdered in cold blood by a hired killer brought in allegedly by his wife Mamta’s parents to the couple’s home in Jaipur, on the morning of May 17, 2017.
Their plan was to kill Amit and kidnap Mamta, then six months pregnant, but the intervention of neighbours led them to flee the scene of the crime.
The Rajasthan police later arrested Mamta’s father Jeevanram Chaudhary, mother Bhagwani Devi and brother Mukesh along with two contract killers.
Ever since Mamta married Amit in August 2015 against her family’s wishes, her family had been threatening the couple.
“We still don’t feel safe, especially if the accused keep getting out on bail. My family and extended family are all Jaipur residents and they keep persuading and even threatening us to withdraw the case,” Mamta said, speaking to The Wire from her Jaipur residence.
During the hearing on Friday, Jaising had apprised the court about the Rajasthan high court granting bail to Bhagwani Devi. She said the case was about a criminal conspiracy by the father, mother and brother to kill their son-in-law, and that it would collapse if the accused kept coming out on bail.
She also said ‘honour killing’ was a serious social issue and that the Supreme Court had previously rejected the bail applications of the accused.
CJI Ramana had then questioned senior advocate B.K. Shukla, the lawyer for the accused, about the latter wanting to come out before the completion of the trial.
“What are these orders? Why can’t they wait? Anxiety of your client, before trial he wants to come out of jail, that’s not correct. Previously we had cancelled. They should have waited for trial to be completed,” the CJI was quoted saying by LiveLaw.
“The problem is all these accused will come out before trial. Today mother got it, tomorrow father will come out,” the CJI had further said.
Earlier, Kavita Srivastava of the People’s Union of Civil Liberties had objected to Mukesh’s bail, saying his release had terrorised a key witness in the case whose statement is yet to be recorded. She said Mukesh being out on bail also posed a risk to the safety of Mamta and her little child.
Mahim Pratap Singh is a journalist who lives and works in Jaipur. He worked earlier for the Indian Express and The Hindu.
SOURCE ; THE WIRE
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