New Delhi, Oct 21 (IANS): The Delhi High Court Monday said former Haryana minister Gopal Goyal Kanda, accused of abetting the suicide of a former airhostess, cannot seek interim bail in future from the trial court for attending the state assembly's session.
Justice J.R. Midha passed the order as senior advocate Ramesh Gupta, appearing for Kanda, also assured the court that his client will not seek interim bail to attend assembly sessions.
The court was hearing the plea filed by police seeking cancellation of bail granted by trial court to Kanda and his aide Aruna Chaddha.
Kanda has already spent 13 months in custody and got interim bail on Sep 4 from a Delhi court, to attend the state assembly till Oct 4.
Kanda, who represents Sirsa in the Haryana assembly, had also moved the city court for extension of bail which was dismissed and he surrendered after expiry of his bail period.
After the trial court granted bail to Kanda, the high court, while hearing the plea of police, had said it will examine how the trial court had allowed Kanda's plea despite its (high court) ruling not to grant bail to any accused to attend an assembly or parliament session.
Additional Solicitor General (ASG) Sidharth Luthra had cited the high court's earlier order, and said it had refused permission to Suresh Kalmadi, facing trial in CWG scam case, in similar circumstances but the trial court had granted interim bail to Kanda, which is against judicial discipline.
Justice Midha pulled up the trial court for not following the high court's order on the issue
"Once the law is settled by the division bench (of this court) that no MP or MLA (legislator) can seek bail as a matter of right, than how can trial court can grant bail?" said the court,
"After Suresh Kalmadi judgment, no MP or MLA can seek bail to attend parliament, that right is over," it added.
The high court expressed its displeasure that the trial court did not act on the superior court judgment, saying: "The trial court had not appreciated the high court judgement saying that a criminal case is to be heard on merit. Every trial court will start doing this."
The court now posted the matter for Nov 12, and will now hear police's plea against bail granted to Chaddha. She is on bail till Nov 15.
Kanda and Chaddha were accused of abetting the suicide of a 23-year-old former air hostess. The two have denied the allegations.
The suicide victim left behind a note accusing Kanda and Chaddha of harassing her. She committed suicide on the night of Aug 4-5, 2012.
Kanda has been charged with rape, abetment to rape as well as suicide, criminal conspiracy and forgery and under the IT Act for hacking computers and sending offensive or false messages.
He was arrested on Aug 18, 2012 after he surrendered to Delhi Police, while Chaddha was arrested on Aug 8 last year.