1993 trains blast case: SC irked as accused jailed for 11 years without framing of charges
New Delhi, Aug 30: "Convict him or acquit him," an anguished Supreme Court observed on non-framing of charges on an accused jailed for 11 years over serial blasts in multiple Rajdhani Express and other trains in 1993.
Underlining the right to speedy trial, the top court sought a report from the special Terrorist and Disruptive Activities (Prevention) Act court judge in Ajmer explaining why charges have not been framed against Hameer Ui Uddin.
"The Special Judge, Designated Court, Ajmer, Rajasthan is directed to submit a report to this Court within a period of two weeks from the date of receipt of a certified copy of this order The report shall clarify why charges have not been framed," a bench of justices DY Chandrachud and M R Shah said.
In its order passed recently, the bench said that to facilitate the submission of the report expeditiously, the registrar (judicial) will communicate a copy of the order to the judge directly as well as through the Registrar (Judicial) of the High Court of Rajasthan.
During the hearing, advocate Shoeb Alam, appearing for Hameer Ui Uddin said the petitioner has been in custody since 2010 but charges have not been framed and trial is yet to commence.
He said that detaining an accused indefinitely without trial is a gross abuse of rights of an individual under Article 21.
Alam contended that the special TADA court ought to have granted bail to the petitioner as there is no prospect of the conclusion of the trial in the near future.
"The allegations are yet to be proved in trial and there is no justification of pre-trial incarceration for 11 years," he said.
Advocate Vishal Meghwal, appearing for the State, admitted that the charges have not been framed against the accused, but contended he was absconding for nearly 15 years.
The bench then asked why the charges have not been framed when he has been in custody since 2010.
"He is entitled to speedy trial. Convict him or acquit him, we have no problem with that but at least hold the trial. He cannot be kept in custody indefinitely without trial," the bench observed.
Meghwal contended that the main reason for the delay in framing of charges is that one of the co-accused Abdul Karim Tunda is lodged in the Ghaziabad jail.
"Then either you separate the trial or club the trial with his case but at least start the trial," the bench said.
Alam said the Tunda case is not mentioned by the state in its counter-affidavit.
In his plea filed through advocate Farrukh Rasheed, the petitioner has challenged the TADA court of March 27, 2019 rejecting his bail application.
As per the prosecution case, on December 5-6, 1993, serial bomb blasts took place in Rajdhani express trains -- Bombay to New Delhi, New Delhi to Howrah, Howrah to New Delhi -- Surat-Baroda Flying Queen Express and Hyderabad-New Delhi AP Express.
Two passengers lost their lives in the blasts and 22 suffered injuries.
Five different cases were registered at respective police stations in Kota, Valsad, Kanpur, Allahabad and Malkaj-Giri.
These cases were later transferred to the CBI and re-registered under TADA at Jaipur, Ahmedabad, Lucknow and Hyderabad. Investigation found that the bomb blasts were outcome of one single conspiracy and hence all cases were clubbed together.
On August 25, 1994, the CBI filed chargesheet against 13 accused, who were arrested, and nine other absconding accused.
Hameer Ui Uddin was shown absconding.
The charge sheet alleged that he was one of the accused who carried bomb devices and explosive substances to Kanpur on December 5, 1993.
Hameer Ui Uddin was arrested by the Uttar Pradesh Police and Lucknow Special Task Force on February 2, 2010 and was produced before the Ajmer TADA court on March 8, 2010 which remanded him to judicial custody.
In 2010, an 8000-page charge sheet was filed against him under various provisions of TADA and Explosive Substance Act, Prevention of Damages to Public Property Act and the Indian Railways Act.
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Karnataka: SP’s gunman among two arrested for extorting money from rice smuggler
Ballari (Karnataka) (PTI): An armed police constable serving as the district superintendent of police’s personal gunman, along with his accomplice, was arrested for allegedly extorting money from a rice smuggler, police said on Friday.
Devaraj, who had been serving as the SP’s gunman for the past four and a half years, was identified as the mastermind behind the incident.
Following an investigation, Devaraj and his accomplice Sairam were arrested on May 6, while efforts are underway to nab a third accused, Gadilinga, a practising advocate in Ballari, who is absconding, police said.
The matter came to light after a complaint was filed by Sharabappa, a habitual offender allegedly involved in illegal rice transport, they added.
According to police, the incident occurred on the intervening night of April 27 and 28, when a group of masked men intercepted Sharabappa’s rice-laden vehicles near the Moka forest area.
The accused allegedly introduced themselves as members of an “SP squad”, threatened to seize the vehicles and file criminal cases, and demanded money to avoid legal action.
Police said the accused initially demanded Rs 5 lakh and later extorted around Rs 3 lakh from the complainant.
Investigation revealed that Devaraj was the main person involved in demanding and collecting the money, while Sairam and Gadilinga were also involved in the offence. Sairam was allegedly involved in similar activities earlier as well.
Devaraj and Sairam were arrested under Sections 308(2) (extortion) and 3(5) (common intention) of the Bharatiya Nyaya Sanhita.
Police also seized the extorted cash, the four-wheeler, and mobile phones allegedly used in the crime. Efforts are underway to trace Gadilinga.
Addressing a press conference, Ballari Superintendent of Police Suman D Pennekar described the incident as a serious offence that has tarnished the image of the police department.
"There is no official ‘SP squad’ or ‘DSP squad’ operating in the district. Such labels are often misused by impostors or corrupt individuals to commit extortion," the SP clarified.
She said no involvement of other police officers has been found so far.
Departmental proceedings have been initiated against Devaraj, and suspension proceedings are underway. The SP added that strict action will be taken against anyone involved in such offences.
Police said Sharabappa, the complainant, is a known habitual offender involved in illegal rice smuggling, and several cases have already been registered against him in the Moka and Peddihalli areas. A separate case has also been registered against him in connection with rice smuggling on the night of the incident.
Authorities are also exploring the possibility of initiating externment proceedings against him under applicable legal provisions.
The SP urged the public to report any extortion attempts by persons claiming to be part of an “SP squad”, assuring that the identity of informants will be kept confidential.
