Supreme Court expresses displeasure: 1 1993 Railway blast case, 11 years imprisonment without indictment of accused
The Supreme Court has expressed displeasure over the imprisonment of one accused for 11 years. The Supreme Court has said that this person should be convicted or acquitted. The man is accused of the 1993 Rajdhani Express and other train chain bombings.
The Supreme Court sought a report from the judges of the Special Terrorist and Destructive Activities (Prevention) Act Court of Ajmer. He was asked why no charges were framed against accused Hamir Ui Uddin. The court said this, referring to the right to a speedy trial.
A bench of Justice DY Chandrachud and Justice MR Shah said, “The Special Judge, Appointed Court, Ajmer, Rajasthan has been directed to submit a report to this court within two weeks of receipt of a certified copy of the order.” The report should explain why the allegations were not made.
The bench in its recent order said that in order to expedite the submission of the report, the Registrar (Judicial) would make a copy of the order available directly to the concerned judge as well as through the Registrar (Judicial) of Rajasthan. High Court.
What’s the matter
During the hearing, accused Shoaib Alam said that the petitioner has been in custody since 2010. But, the allegations have not been confirmed. Testing has not yet begun. Detention of an accused indefinitely is a gross violation of the rights of a person under section 21.
Advocate Vishal Meghwal, appearing for the state government, admitted that the charges against the accused have not been finalized yet. He also said he had been absconding for years. The bench questioned why the charges have not been decided while the accused has been in custody since 2010.
“He (the accused) is eligible for a speedy trial,” the court said. Either convict him or acquit him. We have no problem with that. But, at least sue him.
Meghwal argued that one of the reasons for the delay in framing the charges was that co-accused Abdul Karim Tunda was lodged in Ghaziabad jail. On this the bench said, ‘Then you either separate the case from it or you can combine it, but at least start the trial.’
Alam said the state did not mention Tunda’s case in the respondent’s affidavit. The petition filed by the accused through Farooq Rashid has challenged the order of the TADA court dated March 27, 2019.
What action is being taken?
According to the complaint, a series of bomb blasts took place on 5-6 December 1993 in Rajdhani Express trains-Bombay-New Delhi, New Delhi-Howrah, Howrah-New Delhi, Surat-Baroda Flying Queen Express and Hyderabad-New. Two passengers were killed and 22 others injured in the Delhi AP Express.
Five separate cases were registered in Kota, Valsad, Kanpur, Allahabad, Lucknow and Hyderabad. The cases were later handed over to the Central Bureau of Investigation (CBI). All the blasts were found to have been carried out under the same conspiracy. All these cases were put together.
The CBI had on August 25, 1994 filed chargesheets against 13 arrested and nine absconding accused in the case. Hamir Ui Uddin was among the absconding accused. He was arrested on February 2, 2010 by the Uttar Pradesh Police and the Lucknow Special Task Force. He was produced before the TADA court in Ajmer on March 8, 2010. The court has remanded him in judicial custody.
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