The Supreme Court has expressed displeasure over an accused being kept in jail for 11 years without framing charges. The top court has said that this person should either be convicted or acquitted. The man is an accused in the 1993 serial blasts in several Rajdhani Express and other trains.
The Supreme Court sought a report in this regard from the judge of the Special Terrorist and Subversive Activities (Prevention) Act court of Ajmer. Told them why charges have not been framed against the accused Hamir Ui Uddin. Referring to the right of speedy trial, the court said this.
A bench of Justices DY Chandrachud and MR Shah said, “The Special Judge, Designated Court, Ajmer, Rajasthan is directed to submit a report to this Court within two weeks from the date of receipt of certified copy of this order.” . It should be clarified in the report why the charges have not been framed.
The bench, in its recent order, said that in order to expedite the submission of the report, the Registrar (Judicial) shall make available a copy of the order directly to the judge concerned as well as through the Registrar (Judicial) of the Rajasthan High Court.
What is the matter?
During the hearing, the counsel for the accused Shoaib Alam said that the petitioner is in custody since 2010. But, the charges have not been framed. The trial has not yet started. The indefinite detention of an accused is a gross violation of the rights of a person under Article 21.
Advocate Vishal Meghwal, appearing for the state, admitted that charges have not yet been framed against the accused. He also said that he was absconding for years. The bench asked why charges have not been framed when the accused is in custody since 2010.
“He (accused) deserves speedy trial,” the court said. Either convict him or acquit him. We don’t have a problem with that. But, at least prosecute him.
Meghwal argued that one of the reasons for the delay in framing of charges is that co-accused Abdul Karim Tunda is lodged in Ghaziabad jail. To this the bench said, ‘Then you either separate the case from it or you can combine it with it, but at least start the trial.’
Alam said the state has not mentioned Tunda’s case in the counter affidavit. The accused has challenged the March 27, 2019 order of the TADA court rejecting his bail application in a petition filed through advocate Farooq Rashid.
What is the action going on?
According to the prosecution, on December 5-6, 1993, a series of bomb blasts took place in Rajdhani Express trains- Bombay-New Delhi, New Delhi-Howrah, Howrah-New Delhi, Surat-Baroda Flying Queen Express and Hyderabad-New Delhi AP Express. Two passengers were killed and 22 others were injured.
In this regard, five separate cases were registered in respective police station areas in Kota, Valsad, Kanpur, Allahabad, Lucknow and Hyderabad. Later the investigation of these cases was handed over to the Central Bureau of Investigation (CBI). It was found that all these blasts were done under the same conspiracy. All these cases were lumped together.
The CBI had filed a charge sheet on August 25, 1994 against 13 arrested and nine absconding accused in the case. Hamir Ui Uddin was among the absconding accused. He was arrested by the Uttar Pradesh Police and Lucknow Special Task Force on February 2, 2010. He was produced before the TADA court in Ajmer on 8 March 2010. He was sent to judicial custody by the court.