Posted On Tuesday, August 13, 2013 at 09:48:12 AM
New Delhi: The Supreme Court on Monday rejected the anticipatory bail plea of senior IPS officer P P Pandey, against whom a non-bailable warrant has been issued, in the Ishrat Jahan fake encounter case. It said his conduct in remaining absconding had dis-entitled him for the relief.
"Your conduct itself makes you disentitled for this plea (bail)," a bench headed by Justice B S Chauhan said while referring to Pandey's behaviour of not submitting to the jurisdiction of the trial court which had issued a nonbailable warrant against him.
Senior advocate Jaspal Singh, appearing for Pandey, raised questions on the impartiality of CBI in the case but the bench refused to give credence to his contention.
The bench also expressed its anger over high-profile persons approaching the apex court for seeking relief which consumes a lot of time at the cost of poor litigants who have to wait for justice.
"This court has become a safe haven for such people. We have not been able to hear criminal appeals pending before us for years. It's a sorry state of affairs. I am willing to say it on oath," Justice Chauhan observed.
The bench further raised question on the maintainability of Pandey's petition in view of his being an absconder in the case.
Additional Solicitor General Indira Jaising, appearing for CBI, vehemently opposed the plea saying he has become an absconder for the second time in the case and his whereabouts are not known. "Let him disclose where he is and we will pick him up," she said.
Additional DGP Pandey, a 1982-batch IPS officer, has been named as an accused in the 2004 fake encounter of Ishrat and 3 others.
► This court has become a safe haven for criminals. I can say it on oath that we are not devoting even 5 percent of our time for the common man. It is senior counsel and criminals who take up most of the time
- Justice B S Chauhan