The Supreme Court today dismissed the petition challenging the bail granted to Swami Chinmayanand by the Allahabad High Court..The Court also issued notice to Chinmayanand in a separate plea seeking transfer of the trial in the rape case against the former Union Minister from Uttar Pradesh to Delhi..The Bench of Justices Ashok Bhushan and Navin Sinha today noted that the High Court has given its reasons for granting bail and has exercised its discretion in passing the order. Thus, it found no reason to interfere with the same..Appearing for the petitioner, Senior Counsel Colin Gonsalves told the Bench that the High Court, while passing the order for bail, had noted that there existed apprehension of tampering of evidence by the accused and that the complainant feared a threat to her life..Arguing that a person wielding such influence should not be granted bail, Gonsalves told the Court that even the members of the Special Investigation Team (SIT) set up to probe the case had assaulted the complainant and her family..The Court was, however, unimpressed by this submission. It said that the allegation of assault of police personnel is one that should be filed as a complaint before the Magistrate and the same cannot be invoked to seek cancellation of bail of the accused..It also noted that the High Court had imposed various conditions on Chinmayanand's bail. It further noted that the complainant has been granted security by the High Court, which is also monitoring the investigation pursuant to the orders of the Supreme Court..Therefore, the Court did not feel inclined to entertain the plea, and dismissed the same..On the plea filed for transfer of the trial from Uttar Pradesh to Delhi, the Court issued notice to the BJP leader, returnable in four weeks..Swami Chinmayanand was represented by Senior Advocate Sidharth Luthra.
The Supreme Court today dismissed the petition challenging the bail granted to Swami Chinmayanand by the Allahabad High Court..The Court also issued notice to Chinmayanand in a separate plea seeking transfer of the trial in the rape case against the former Union Minister from Uttar Pradesh to Delhi..The Bench of Justices Ashok Bhushan and Navin Sinha today noted that the High Court has given its reasons for granting bail and has exercised its discretion in passing the order. Thus, it found no reason to interfere with the same..Appearing for the petitioner, Senior Counsel Colin Gonsalves told the Bench that the High Court, while passing the order for bail, had noted that there existed apprehension of tampering of evidence by the accused and that the complainant feared a threat to her life..Arguing that a person wielding such influence should not be granted bail, Gonsalves told the Court that even the members of the Special Investigation Team (SIT) set up to probe the case had assaulted the complainant and her family..The Court was, however, unimpressed by this submission. It said that the allegation of assault of police personnel is one that should be filed as a complaint before the Magistrate and the same cannot be invoked to seek cancellation of bail of the accused..It also noted that the High Court had imposed various conditions on Chinmayanand's bail. It further noted that the complainant has been granted security by the High Court, which is also monitoring the investigation pursuant to the orders of the Supreme Court..Therefore, the Court did not feel inclined to entertain the plea, and dismissed the same..On the plea filed for transfer of the trial from Uttar Pradesh to Delhi, the Court issued notice to the BJP leader, returnable in four weeks..Swami Chinmayanand was represented by Senior Advocate Sidharth Luthra.
