Tweet
SC balm for ‘innocent’ blast accused with rider
The Supreme Court on Monday admitted a petition for compensation filed on behalf of a Muslim youth, wrongly linked to the bomb blasts at Mecca Masjid, Malegaon, Samjhauta Express and Ajmer Sharief blasts, following disclosure by the National Investigation Agency (NIA) accusing a right-wing Hindu fundamentalist group behind the attacks.
The bench of Justices TS Thakur and FM Ibrahim Kalifullah had reservations to entertain the matter as the petition was filed by one Gulzar Ahmed Azmi of Jamiat Ulema of Maharashtra and not by the accused who suffered the travesty of remaining in jail for terms ranging between five to seven years. But the bench agreed to partly examine the request for compensation and initiating departmental proceedings against guilty police officers, after it was brought to light that the cases ranged across the country which would be an added burden, both mentally and fiscally, on the accused youth, who had already suffered much.
For the petitioner, senior advocate Amarendra Sharan argued that a sense of alienation was felt by a particular community which has to be assuaged by courts. “If incidents such as these are not taken to task, it will have a bearing on the secular fabric of the country,” he said. This weighed with the bench which remarked, “We do not hold the brief for any police force. Excesses may have taken place and we understand the country is going through difficult times.” By the same logic, the court wondered if every citizen may claim similar relief if after a long-drawn trial court held him innocent.
But Sharan distinguished the present case claiming here the accused were wrongly charged by the policemen who need to be punished.
While issuing notice the bench, however, noted that it would not examine the broad request of the petitioner to reopen all post-2002 blast cases and get it re-investigated by a retired Supreme Court judge. “This amounts to reopening of all cases which certainly we do not wish to do,” the bench said.
The Supreme Court on Monday admitted a petition for compensation filed on behalf of a Muslim youth, wrongly linked to the bomb blasts at Mecca Masjid, Malegaon, Samjhauta Express and Ajmer Sharief blasts, following disclosure by the National Investigation Agency (NIA) accusing a right-wing Hindu fundamentalist group behind the attacks.
The bench of Justices TS Thakur and FM Ibrahim Kalifullah had reservations to entertain the matter as the petition was filed by one Gulzar Ahmed Azmi of Jamiat Ulema of Maharashtra and not by the accused who suffered the travesty of remaining in jail for terms ranging between five to seven years. But the bench agreed to partly examine the request for compensation and initiating departmental proceedings against guilty police officers, after it was brought to light that the cases ranged across the country which would be an added burden, both mentally and fiscally, on the accused youth, who had already suffered much.
For the petitioner, senior advocate Amarendra Sharan argued that a sense of alienation was felt by a particular community which has to be assuaged by courts. “If incidents such as these are not taken to task, it will have a bearing on the secular fabric of the country,” he said. This weighed with the bench which remarked, “We do not hold the brief for any police force. Excesses may have taken place and we understand the country is going through difficult times.” By the same logic, the court wondered if every citizen may claim similar relief if after a long-drawn trial court held him innocent.
But Sharan distinguished the present case claiming here the accused were wrongly charged by the policemen who need to be punished.
While issuing notice the bench, however, noted that it would not examine the broad request of the petitioner to reopen all post-2002 blast cases and get it re-investigated by a retired Supreme Court judge. “This amounts to reopening of all cases which certainly we do not wish to do,” the bench said.
