Accused kept in jail for 11 years without filing charges, SC fumes

New Delhi: The Supreme Court has expressed its indignation over keeping the 1993 Rajdhani Express and other train explosions accused in jail for eleven years without filing charges. The Supreme court told the prosecution to either declared him guilty or release him.

An SC Bench sought an urgent report from Ajmer Special Court regarding keeping the accused in jail without filing charges.

The Supreme Court Bench of Justice D Y Chandrachud and Justice M R Shah had directed the special designated Judge to submit a report within two weeks to explain why charges were not filed against the accused. The Supreme Court Bench in its recent ruling has directed that the report should be sent directly to it by the court registrar.

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Advocate Shoaib Alam, the attorney on behalf of the accused Hamiruddin, said that the accused is under custody since 2010 but the charges are neither filed against him so far nor the trial had been commenced. He said that keeping an accused for an indefinite time is against article 21 concerning a person’s human rights.

Shoaib Alam said that the Special Tada Court must have given bail to the accused as there is no chance of this case coming to its logical conclusion.

Alam further said that no charges have been filed so far and hence there is no ground for keeping the accused in jail for 11 years.

The attorney representing the state advocate Vishal Meghwal admitted that charges were not filed against the accused and he claimed that the accused was absconding for 15 years.

The Supreme court asked the state attorney why the charges not filed so far when the accused is under custody since 2010 and said that the accused is entitled to have a speedy trial. “Declared him guilty or release him,” the Bench said.

The Supreme court bench further said that the accused cannot be kept in jail for an indefinite time without trial.

The state attorney claimed that the reason for the delay is due to the co-accused Abdul Karim Tonda being in Ghaziabad jail. The Bench directed to either separate the case or at least to start the trial.

Shoaib Alam said that the state has not referred to Tunda case in its affidavit.

The accused had submitted a bail petition through advocate Farook Rashid on March 27, 2019, challenging the Tada Court’s decision to deny him bail.

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