Though it may be a coincidence, but the Supreme Court on Monday granted bail to 80-year-old Pakistani doctor Mohammad Khalil Chisty convicted for life in a murder, a day after President Asif Ali Zardari’s visit to Ajmer, the city where the microbiologist from Karachi was named an accused for the death of a man in a scuffle with a group of people that had intruded his brother’s house 20 years ago.
Dr Chisty was then on a visit to Ajmer to see his ailing mother staying with his brother there. A bench of Justices P. Sathasivam and J. Chelmeswar though allowed his bail plea on the humanitarian grounds but also took note that two eye-witnesses had not attributed any “over act” to Dr Chisty during the scuffle that would have been the sole cause for the death of one person from among the intruders.
The bench also took note of the “bonhomie” witnessed between the leaders of the two countries during Mr Zardari’s visit and observed, “What has happened yesterday it also happens in future. There is good news in the newspapers, let it be carried forward.”
However, the top court had reservation on considering Dr Chisty’s plea for deportation in his bail petition itself and asked his counsel Udai Lalit to file separate petition in this regard, which would be considered after two weeks.
The release of Dr Chisty had become a diplomatic issue between India and Pakistan and the issue was raised in Parliament several times with external affairs minister S.M. Krishna stating that the matter was being considered at appropriate level for taking up the matter with the courts.
Despite Centre’s specific stand, Rajasthan government opposed Dr Chisty’s bail plea with its counsel Rahul Verma stating, “It is not desirable to release him on bail at this juncture”.
However, the court brushed aside his argument and in its brief order said “taking note of his present age and also considering the fact that he was in Ajmer for the last 20 years and the evidence of prosecution witnesses four and five (eye-witnesses) we are satisfied that the appellant has made out a case for enlarging him on bail.”
“Accordingly, appellant is ordered to be released on bail in sessions case the satisfaction of additional sessions judge, fast-track Court Ajmer,” the order said.
The Judge is free to impose appropriate conditions, including surrendering of the passport if he has not done so earlier,” the order said.
Mr Lalit also submitted that after release, Dr Chisty would prefer to live in Delhi as he has lot of friends in the capital till his deportation issue is decided but Rajasthan’s counsel said then the Union government have to be involved in the case as his “1992 visa” was only Ajmer specific and he could not visit any other city.
Considering the objection of Rajasthan’s counsel, the top court recorded “the appellant has prayed for specific permission to visit his country and also to reside in Delhi till the disposal of his appeal. In the absence of separate petition giving adequate reasons, we are not inclined to grant such permission. However, he is free to file such applications.”
Dr Chisty, though was born in Ajmer in a family of the caretakers of the Dargah of Ajmer Sharief, but at the time of partition in 1947 he was studying in Karachi and had chosen Pakistan as his country.