Suspended Sessions judge arrested, finally

Suspended Sessions judge arrested, finally
EXPRESS NEWS SERVICE

MUMBAI, MARCH 29: After months of dodging the courts in Mumbai, suspended Sessions Court Judge J W Singh today presented himself before the Bombay High Court and the trial court of Judge A P Bhangale. Later, in the afternoon, as directed by the high court, Singh surrendered before the Sion police, in the corridor of the Sessions Court building itself and was arrested. His remand application comes up for hearing before Judge Bhangale at 1 pm on Thursday.

The arrest involved high drama, when his battery of lawyers told Judge Bhangale that while Singh had ``surrendered'' before the police, he had not been ``arrested''. Since some of the applications moved before the judge would fructify only if Singh is ``arrested'', the lawyers were keen that he be arrested immediately. They suggested that Singh, who was sitting in the court, walk out to the corridor and he could be arrested by the police.

Special Public Prosecutor Ujjwal Nikam opposed this saying that Singh could be arrested only outside the court premises and that in this case, it would be possible only if the court were to rise, after the proceedings were over.

Singh's advocate, Majeed Memon, argued that the public prosecutor was saying this only to take away his oppurtunity to address the court on his client's applications. Memon and advocate I P Bagaria pointed out to Judge Bhangale that they had already given a statement to the Assistant Commissioner of Police Chavan, who was in court, in the morning itself that his client had surrendered. ``It is the police who are not arresting him,'' he argued.

Judge Bhangale then directed the police to make a ``formal arrest'', and Singh stepped into the corridor on the fifth floor of the Sessions Court and courted arrest. Chavan then appeared before the court to say that Singh had been arrested.

Through his lawyers, Singh had filed three applications before Judge Bhangale praying that according to section 19(G) of the Maharashtra Control of Organised Crime Act (MCOCA), 1999, an in-camera trial should be allowed. The second asked that all the earlier orders of a non-bailable warrant, their proclamation of an ``absconder'' and the attachment orders on his property be withdrawn since he had presented himself for the trial. The third prays that Singh be allowed home food and other articles like bedding, a toothbrush, water, medicine, etc in jail.

Special Public Prosecutor Ujjwal Nikam opposed the application for an in-camera trial, saying that since this was a case where a judicial officer is accused, the public had a right to know how the courts were handling his case. And it was in the interests of transparency that the press be allowed during the hearing. Memon though argued that transparency could not mean a ``trial by the media''.

This application, along with the application on the earlier orders have been kept for further hearing on April 6, 2000. Judge Bhangale, though, allowed Singh the use of home food, medicines, bedding, water etc during his remandin jail.

Before the trial begins, the Bombay High Court will hear a petition filed by him challenging the applicability of MCOCA in a case where he is alleged to have had sought the help of underworld don Chhota Shakeel to recover Rs 40 lakh from one Sardarsingh Abrol. Singh has, in his petition, challenged the vires of the MCOCA Act, since the act, according to him is being used against him with retrospective effect. This petition will be heard on March 31.

A frail and pale-looking Singh stood patiently hearing the proceedings in court along with his sons. Ocassionally, he instructed his advocates, and later walked out into the corridor to be arrested. When he was being taken away, Memon talked to him and said it was just a matter of a day and the remand application would come up for hearing tomorrow. Singh waved to him and said he was not afraid. ``I have done nothing wrong,'' he said.