The Supreme Court on Monday directed a special TADA court in Ajmer, Rajasthan to frame charges against the accused in 1993 serial blasts in several Rajdhani Express and other trains within three months. The accused is serving a jail term for 11 years. The top court kept pending the bail plea of Hamir Ui Uddin, arrested by the Uttar Pradesh Police in 2010, and said it would be considered after the charges against him were framed.
A bench of Justices DY Chandrachud and BV Nagarathna asked the CBI to help it produce co-accused Syed Abdul Karim alias Tunda, who is lodged in Ghaziabad jail before the special court for framing of charges in the case and start the trial. Be sure to do The Supreme Court has listed the matter for next hearing on December 10.
Advocate Shoaib Alam, appearing for Hamir Ui Uddin, submitted that the facts of the present case are shocking and the petitioner is innocent at this stage as no trial has been initiated. He said there was no ground to keep him in custody for more than 10 years without framing of charges, where it is legally expected that the maximum punishment would be life imprisonment.
Alam said, “The CBI has made a perverse argument in its counter-affidavit that there was delay in framing of charges due to absence of original records. There is no need of original records for initiation of prosecution or trial. In the case of absconding accused persons, the CBI manual preserves the records and assets of the case for a period of 30 years. There are always multiple copies of records available and charges can be framed.
There was gross violation of the rights of the petitioner: Advocate
Alam argued that the trial court not providing counsel for the accused for a longer period of seven years was an unintentional failure of justice. “It is not only a constitutional guarantee for the accused, but it is also a statutory duty of the trial court under Section 304 of CrPC,” he said. These rights of the petitioner have been grossly violated and there is no explanation for the same.
Hamir 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 chargesheet was filed against him under various provisions of TADA and Explosive Substances Act, Prevention of Damage to Public Property Act and Indian Railways Act.