SC throws out PIL in opposition to CM Nitish Kumar

PATNA: The on Monday dismissed a PIL seeking disqualification of CM as MLC on the ground that he had concealed in his election affidavits the fact that a murder case was pending against him.
The court said a candidate is liable to disclose the pendency of a criminal case only after a court takes cognizance of it. The PIL was filed by lawyer Manohar Lal Sharma.

A bench comprising CJI Dipak Misra and Justices A M Khanwilkar and D Y also took note of the Election Commission’s submission that Nitish revealed the case details in his election affidavit in 2012 after the court took cognizance of it in 2009. The apex court was also informed that the trial in the case had been stayed by the Patna high court

The PIL had alleged that Nitish was an accused in a case related to the killing a leader ahead of the Lok Sabha byelection in Bihar’s constituency in 1991. The petitioner claimed Nitish did not disclose the criminal case in his affidavits since 2004.

The criminal case against Nitish sort of re-surfaced in media in July last year after leaders spoke about it. The ruling JD (U) had retorted back, saying Nitish was neither charge-sheeted nor convicted.

Giving details of the case, the JD (U) said the murder took place at Rallie village under the Pandarak police station area on November 16, 1991. The FIR was lodged a day later, in which Nitish and four others were named as accused.

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