1996 Samleti Bus Bomb Blast: Supreme Court Orders Fresh Trial Of Death Row Convict Citing Ineffective Legal Representation
The Supreme Court on Tuesday (July 21) set aside the death penalty of Dr. Abdul Hameed, who was convicted in the 1996 Samleti Bus Bomb Blast involving an IED which detonated on a passenger bus travelling from Agra to Bikaner near Samleti village, killing 14 persons and injuring 37 others.The bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta set aside the 2019 Rajasthan High...
The Supreme Court on Tuesday (July 21) set aside the death penalty of Dr. Abdul Hameed, who was convicted in the 1996 Samleti Bus Bomb Blast involving an IED which detonated on a passenger bus travelling from Agra to Bikaner near Samleti village, killing 14 persons and injuring 37 others.
The bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta set aside the 2019 Rajasthan High Court judgement to the extent it upheld the conviction and death sentence of Hameed, citing ineffective assistance of counsel.
The judges have now ordered a de-novo trial in the matter.
As three decades have lapsed since the mishap, the Court has requested the High Court to designate a special fast track court for conducting the denovo trial to be presided by a judicial officer having at least 7 years experience of conducting sessions trials. The trial court has been asked to make an endeavour to conclude it within 1 year.
"All observations made in the judgement concerning Dr Abdul Hameed are confined to the issue of fairness of the trial and the legality of the proceedings culminating in his conviction. The special court shall independently appreciate the evidence that may be adduced before it and decide the matter strictly on its own merits without being influenced by any observation contained in this judgement," the Supreme Court said.
The Court directed the Acting Chief Justice of the Rajasthan High Court to designate a Special Court at Jaipur presided over by a Rajasthan Higher Judicial Service officer with at least seven years' experience in conducting sessions trials. The Special Court has been asked to conclude the de novo trial within one year. The proceedings are to recommence from the stage of recording prosecution evidence, with all prosecution witnesses to be summoned afresh so that Dr. Abdul Hameed gets a full opportunity to cross-examine them. The Court further directed that if he is unable to engage counsel of his choice, the Rajasthan State Legal Services Authority must appoint a lead defence counsel with at least ten years' standing at the Bar, assisted by another advocate with at least seven years' standing.
The Court said that Dr. Abdul Hameed would remain in judicial custody during the fresh trial but would be free to apply for bail before the Special Court, which must consider such an application independently and without being influenced by the findings contained in the earlier judgments that had been set aside.
The court also acquitted Pappu@Salim and dismissed State's challenge his permanent parole. The court also dismissed State pleas challenging the acquittal of Javed Khan and Abdul Goni.
Background
The explosion took place on May 22, 1996, when a Rajasthan Roadways bus travelling from Agra to Bikaner exploded near Samleti village after leaving Mahwa. According to the prosecution, two passengers had boarded the bus at Agra, purchased tickets to Jaipur but got down at Mahwa after returning their tickets to the conductor. The prosecution alleged that an explosive device had been planted under seats 17 and 18 and was detonated while the bus was in motion. Fourteen people died and thirty-seven suffered injuries.
The prosecution claimed that the conspiracy involved members of the Jammu and Kashmir Islamic Front (JKIF) and Harkat-ul-Ansar and alleged that the blast formed part of a larger conspiracy to spread terror before the 1996 elections in Jammu and Kashmir. After multiple supplementary charge sheets, several accused were tried for offences under the Indian Penal Code, the Explosive Substances Act and the Prevention of Damage to Public Property Act.
It alleged that Dr. Abdul Hameed and one Abdullah boarded the bus at Agra, planted an IED containing about 2.5 kilograms of RDX beneath seats 17 and 18, and got off at Mahwa shortly before the explosion. The prosecution further alleged that the remaining accused participated in the larger conspiracy by planning the attack, arranging logistics, procuring explosives, facilitating movement of operatives and providing other support for carrying out the blast.
The trial court convicted Dr. Abdul Hameed and six others in 2014. He was sentenced to death for murder and received additional sentences under other provisions, while the remaining convicted accused were sentenced to life imprisonment. The Rajasthan High Court affirmed Hameed's conviction and death sentence in 2019, but acquitted the remaining convicted co-accused, holding that the evidence against them lacked adequate independent corroboration.
Case details: Crl.A. No. 1827-1829/2019 Diary No. 38125 / 2019 ABDUL HAMEED Vs THE STATE OF RAJASTHAN