Following a special court discharging Muslim youth in the 2006 Malegaon blasts case, the issue of bias on the part of investigating agencies during investigation of terror cases was raised before the Bombay High Court on Friday. The court said the “matter will have to be heard”, and asked for the orders in the case to be submitted before them.
A division bench of Justice Abhay Oka and Justice Prakash Naik has asked state and investigative agencies to produce orders in the case.
The court was hearing several petitions which alleged that there was a pattern of investigative agencies picking up
Muslim men as accused in terror cases, including the Pune German Bakery blasts, 7/11 blasts and the 2006 Malegaon blasts.
With regard to the 7/11 case and confirmation of death sentence in the German Bakery case, which have concluded recently, the court said, “all aspects cannot be gone into at this stage when proceedings of the trial is not concluded. Order of this court will affect proceedings arising out of trial court,” said the HC.
In the German Bakery case, the lone convict Himayat Baig was spared the death penalty. Meanwhile, a special court had on April 26 discharged Noorul Huda, Raees Ahmed, Salman Farsi, Farogh Magdumi, Shaikh Mohammed Ali, Asif Khan, Mohammed Zahid and Abrar Ahmed in the 2006 blasts at Malegaon that killed 37 and injured over 100 others.
Referring to the Malegaon case and discharge order passed by the special court, the HC said, “The order is not available. Those orders will have to be examined. While a notification has been issued in the Germany Bakery cases where the state plans to challenge the decision of the HC before the Supreme Court, the state will examine the same in the case of Malegaon.”
Senior Counsel Mihir Desai, appearing for one of the petitioners, said, “According to us, despite clear finding of people rounded up not being guilty, they were kept in custody for 10 years. There is no accountability on part of the government,” he said.
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