Expeditious Trial Of Terror Attack Cases Necessary : Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National Security

The Supreme Court of India, while sentencing to life imprisonment without remission four Jammu and Kashmir Islamic Front (JKIF) militants convicted for their role in the 1996 Lajpat Nagar bomb blast, not only underscored the importance of speedy trials, but also considered the time elapsed since the terror attack as well as the date of conviction as mitigating circumstances in not awarding the death penalty. The court held: “The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well. The incident took place on May 21, 1996, i.e., approximately 27 years ago, the trial court awarded the sentence of death on April 22, 2010, i.e., more than 13 years ago…are all mitigating circumstances in not awarding the sentence of death even though it falls within the category of rarest of rare cases.” A bench of Justices BR Gavai, Vikram Nath, and Sanjay Karol upheld the conviction of two accused and set aside a ruling of the Delhi High Court discharging two others for want of evidence. After hearing the batch of appeals – filed by both the convicts and the State – against the high court’s decision, the division bench sentenced all four to life imprisonment extending till the end of their natural lives, 27 years after the bombing. While delivering this verdict, the apex court observed with disapproval that it took more than a decade for the trial to be completed. Justice Karol – who authored the judgement – wrote, “The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge in charge or the prosecution, has certainly compromised national interest.” Highlighting how crucial it was for such cases to be decided promptly, he added: “Expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man. Regrettably, enough vigilance was not displayed by the investigating as well as the judicial authorities. A prominent market in the heart of the capital city is attacked and we may point out that it has not been dealt with the required degree of promptitude and attention. To our great dismay, we are forced to observe that this may be due to the involvement of influential persons which is evident from the fact that out of several accused persons, only few have been put to trial. In our considered view, the matter ought to have been handled with urgency and sensitivity at all levels.” Even while allowing the appeals by special leave preferred by the government, the top court refused to restore the death sentences granted by the trial court, despite the case passing the ‘rarest of rare’ muster. Instead, the bench substituted capital punishment with whole-life sentences, holding, “Even though it falls within the category of rarest of rare cases, [there] are mitigating circumstances in not awarding the sentence of death.” The bench finally held: “In view of the severity of the offence resulting in deaths of innocent persons and the role played by each accused person, all these accused persons are sentenced to imprisonment for life, without remission, extending to natural life. Accused, if on bail, are directed to immediately surrender before the Court concerned and their bail bonds stand cancelled. A5 (Mirza Nissar Hussain @ Naza) and A6 (Mohd. Ali Bhatt @ Killey) are directed to surrender forthwith.” Background In 1996, a bomb blast rocked Delhi’s Lajpat Nagar Central Market, claiming the lives of 13 people and injuring 38 others, besides causing much damage to property. A few days later, the Jammu and Kashmir Islamic Front (JKIF) – designated as a ‘terrorist organisation’ under Section 35 of the Unlawful Activities (Prevention) Act, 1967 – claimed responsibility for the attack. According to the charge sheet, the conspiracy, spearheaded by JKIF chief Bilal Ahmed Beg and involving the Inter-Services Intelligence (ISI), was hatched in Pakistan. Not only did the Delhi Police book six suspected Kashmiri militants, and two others, including a woman, but also named mafia dons Dawood Ibrahim and Tiger Menon as accused in the bomb blast. In April 2010, a local court in Delhi awarded the death penalty to three out of the six convicted members – Mohammed Naushad, Mohammed Ali Bhatt (alias Killey) and Mirza Nissar Hussain (alias Naza) – noting that their complicity in the grave offence warranted the imposition of the capital punishment. Apart from this, Additional Sessions Judge SP Garg sentenced another convict, Javed Ahmed Khan, alias Chhota Javed, to imprisonment for...

Expeditious Trial Of Terror Attack Cases Necessary : Supreme Court Says Delay In 1996 Lajpat Nagar Blast Case Compromised National Security

Awstika Das

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