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Journalism of Courage
The court of Chief Metropolitan Magistrate Vidya Prakash on Friday granted the Delhi Police more time to get sanction to prosecute Syed Mohammad Kazmi,an accused in the Israeli diplomat attack case,under the Explosive Substances Act even as Kazmi opposed it saying it hinders his right to expeditious trial.
The Delhi Police had filed a chargesheet in the case implicating Kazmi under various provisions of the IPC,the Unlawful Activities Prevention Act,and the Explosives Act. However,they had not received sanction from the government to prosecute the accused under the Explosives Act.
The police told the court that the delay in securing sanction to try Kazmi under the Explosive Act had been caused due to an ongoing process of transferring district magistrates power to grant sanction for prosecution to district deputy commissioners. The police said that the process of delegating the requisite power from one official to another would take another 15-20 days.
Kazmis counsel Mehmood Pracha opposed the extension,saying that the police had filed an incomplete chargesheet and that sufficient time and opportunities have already been given to the prosecuting agency for filing the requisite sanction and his client,who is in custody,is being denied of his right of expeditious trial.
The court,while accepting that the accused had a fundamental right of expeditious trial,noted that written communication has been received from competent authority for not providing the requisite sanction and held that it was appropriate to grant another opportunity. The court will now hear the matter on October 8.
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