Kalpnath Rai's bail plea rejected by court

The TADA court rejected former federal minister Kalpnath Rai's bail application on Wednesday, saying there was no guarantee that he would not commit any offence while on bail.

Special Judge Shiv Narayan Dhingra, while rejecting the bail plea in a crowded courtroom at around 1100 hours, ruled that " I found no ground to believe that the accused was not guilty of the offence of harbouring the terrorists, nor I think that there was no likelihood of the accused committing any offence while on bail.

"I therefore, consider that the accused is not entitled for grant of bail under section 20(8) of the Terrorist and Disruptive Activities (Prevention) Act," the judge added.

Rai is charged under TADA for allegedly harbouring six terrorists belong to fugitive gangster Dawood Ibrahim's gang before and after the infamous J J hospital shootout in Bombay in 1992. He has been imprisoned in the capital's Tihar jail for nearly a month after being remanded to judicial custody on February 12.

In order to grant bail, the judge said the court had to consider two conditions -- it should be satisfied that there were reasonable grounds for believing that the accused was not guilty and also the court should be of the opinion that he was not likely to commit any offence while on bail.

"Prima facie neither is it a case of no evidence or lack of evidence against Mr Kalpnath Rai nor can it be said that Mr Rai was having no knowledge about his nephew B N Rai alias Virendra Rai and Subhash Thakur being the terrorists and being accommodated at the National Power Transmission Corporation guest house in South Delhi.

"I consider that it is a matter of common knowledge that a personal secretary of a minister take instructions from the minister for such like things. Mr S P Rai would not have booked the rooms unless he had been instructed by his minister.

"He would not have given directions to treat Subhash Singh Thakur and B N Rai as official guests in the NPTC guest house and got their bills cleared without instructions from his minister. It could not be believed that a personal secretary is so independent that he would dare get accommodation for criminals and terrorists in a government guest house and get these treated as official guests and get their bills cleared without any instructions from anybody,' Judge Dhingra observed.

Tara Shankar Sahay adds: As soon as the judge rejected the bail application in the crowded court, a prolonged groan emanated from Rai's supporters who had packed the room to capacity. A burly and bearded supporter named Ashok Kumar said Rai's continuing incarceration was unjustified.

"Kalpnathji is not like any other politician. He has worked tirelessly for the people in his constituency and its voters will definitely elect him," Ashok Kumar asserted.

Rai's supporters have been trying to enlist the support of disgruntled Congress leaders like former railway minister C K Jaffer Sharief, a known critic of the prime minister. Rai's supporters hope that Sharief will help mobilise the considerable number of Muslim voters in the Ghosi Lok Sabha constituency for the jailed Congress leader's benefit.

Significantly even former prime minister Chandra Shekhar visited Tihar jail to see Rai when the order for the latter's bail application was reserved by the judge for hearing. Ghosi adjoins Chandra Shekhar's Ballia constituency.

Some Congress leaders say despite the large following which Rai has in Ghosi, he might not be in a position to fight the election. The TADA court, he said, may not allow Rai to contest the poll.