Singh: What next?

Patna, May 20: The high court today asked BJP legislator Ramadhar Singh, who resigned as state cooperative minister on Wednesday, to surrender as he had been declared an absconder by a court in Aurangabad 16 years ago.

Justice Shailesh Kumar Sinha, while hearing the application filed by Ramadhar seeking quashing of the lower court’s order, said the matter relates to 1995 and, therefore, the petitioner was being directed to surrender before the court concerned.

The only relief the judge allowed was the lower court would be asked to examine the case and dispose of the matter the same day. Justice Sinha ruled that the petitioner would have to give prior information to the state and the appropriate lower court about the date of his surrender.

The Aurangabad court had declared Ramadhar an absconder in December 1995 after he failed to show up for hearing in spite of repeated summons, ignoring a non-bailable arrest warrant that had been issued a few months ago.

Ramadhar had been booked for allegedly making a communally charged speech days after the Babri Masjid demolition in December 1993.

A four-time MLA from Aurangabad, Ramadhar had approached the high court today with the plea that the lower court order declaring him an “absconder” be set aside.

Appearing for the former minister, advocate Ajay Kumar Thakur, who was assisted by Dhirdyuti Kumar Verma, submitted before the bench that Ramadhar was not aware of the processes that had been followed.

Thakur contended that his client was not issued any summons, nor did he know of any warrants. Instead, the advocate said, Ramadhar had approached the court for relief as soon as he had learnt about the case.

“One can be declared an absconder only when the process is served on him (only after execution of orders) and if he is not appearing in the court. But an accused is not supposed to appear in the court till a chargesheet is submitted and in the instant case, it is evident from the order-sheet that processes have not been served upon Singh,” the counsel submitted.

The Telegraph had reported on the “absconder” tag on the minister on Tuesday (May 17). The issue had been raised at the weekly janata darbar of chief minister Nitish Kumar the previous day.

Legal eagles said police are now not only free to apprehend Ramadhar anytime, but his non-appearance in court for so many years could land him in trouble.

Senior Supreme Court lawyer K.T.S. Tulsi told The Telegraph: “Police are free to nab the absconder anytime. The lower court, while hearing his plea for bail, might consider his being an absconder and may refuse bail.”