Monday, October 15, 2012

SC refuses roving inquiry into all blasts since 2002


Author: TNN
Publication: The Times of India
Date: October 12, 2012

The Supreme Court on Thursday dismissed a PIL seeking an inquiry into all bomb blast cases to find out whether Muslim youth have been falsely implicated in the light of similar findings relating to Samjhauta train and Malegaon blast cases.

 A bench of Justices T S Thakur and Fakir M I Kalifulla said it was not inclined to constitute a panel headed by a retired SC Judge to probe all blast cases since 2002 as it would result in making "a roving inquiry into the various criminal proceedings so far lodged in connection with cases of bomb blasts all over the country."

 Ordering inquiry by a committee headed by a retired SC Judge "would amount to creating a parallel body without any statutory sanction and to function only under some direction of this court which would be lacking in very many procedural details and will ultimately result in utter chaos and confusion in dealing with the criminal proceedings which have already been lodged and progressing before various criminal courts," it said.

 The PIL filed by Gulzar Ahmed Kazmi had requested the court take disciplinary proceedings against investigating officers who framed innocent Muslim youth in blast cases and direct the Union government to take action against communal organizations like RSS, VHP and their allied forums for their alleged involvement in bomb blasts and other terror-related activities.

 It had also sought release on bail of all Muslim youth, arrested in connection with blast cases, against whom there was no clinching or conclusive evidence.

 Justice Kalifulla, writing the judgment for the bench, said there were enough safeguards in all criminal laws for a person, who had been falsely roped in a case, to demonstrate his innocence. "Therefore, it will be for the concerned individual against whom any criminal proceeding is lodged to work out his remedy," he said.

 The court also noted that at present there was no dearth of free legal aid to those who could not afford a lawyer. "In fact, it is now well known that on mere asking of the concerned presiding officer, those involved in such criminal proceedings are being offered free legal aid of high caliber in order to ensure that no innocent person is being punished for want of proper legal assistance."



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