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Bombay High Court Lifts Stay On Trial Of Shahid Azmi Murder Case, Dismisses Plea Of Accused For Transfer
Sharmeen Hakim
11 Feb 2023 3:15 PM GMT
Days before the 13th death anniversary of lawyer Advocate Shahid Azmi, the Bombay High Court rejected a plea seeking transfer of his murder trial."I do not find any reason to come to the conclusion that the learned Judge was biased against the applicant. There is no material to apprehend for the applicant that he would not get fair trial before the learned Judge. Hence, no case is made out...
Days before the 13th death anniversary of lawyer Advocate Shahid Azmi, the Bombay High Court rejected a plea seeking transfer of his murder trial.
"I do not find any reason to come to the conclusion that the learned Judge was biased against the applicant. There is no material to apprehend for the applicant that he would not get fair trial before the learned Judge. Hence, no case is made out for transferring the proceedings to any other Sessions Judge," said Justice Prakash D. Naik, while dismissing the petition filed by accused Hasmukh Solanki.
Azmi was known for being the face of pro-bono legal aid and representing several men, he believed, were falsely implicated in terror cases. He was shot dead in his office on February 11, 2023, thirteen years ago. He was 33.
However, with the latest order, the trial against his four alleged assailants - Vinod Vichare, Pintu Dhagle, Devendra Jagtap and Hasmukh Solanki, will finally resume after six months.
The court said the material on record is not sufficient to draw conclusion that the trial court is biased against the applicant and that he would not get a fair trial. "No case is made out for transfer of investigation," it added.
Accused Hasmukh Solanki had approached the HC seeking transfer of trial to another judge alleging bias. He assailed the order dated August 10, 2022 of the Principal Judge of the Sessions court that had initially rejected his request.
Solanki’s plea before the HC was reserved for orders in September, last year, however it was only earlier this week that an order was passed and the application was rejected.
So far eleven prosecution witnesses have been examined in the case and around eight more witnesses remain to be examined.
Alleged Chhota Rajan gangster Santosh Shetty was earlier discharged from the case in 2014.
Azmi, whose life inspired the critically-acclaimed film Shahid, represented the July 2006 train blasts accused in court. He convinced a trust Jamiat-Ulama-i-Hind to bear the legal expenses to approach the Supreme Court to challenge the validity of a provision of the Maharashtra Control of Organized Crime Act (MCOCA).
His association with the trust continued through the 26/11 trial, where he represented Faheem Ansari and Sabauddin Ahmed, who had been accused of preparing maps used by the terrorists. Shahid’s arguments led to their acquittal in 2010, which was ultimately upheld by the Supreme Court.
Shahid continued to do his bit for the men he believed were falsely implicated by the investigating agencies, until his last breath on February 11, 2010, when he was shot dead in his office by men who had approached him under the guise of seeking legal advice.
Hasmukh Solanki Vs State of Maharashtra [CRIMINAL APPLICATION NO. 279 OF 2022]
Citation: 2023 LiveLaw (Bom) 88
