HC trial begins,defence seeks fresh probe

The court convicted Baig under Sections 302 (murder),307 (attempt to murder),120B (criminal conspiracy) 435 (mischief with an intent to cause damage),435 and 474 (possessing forged documents) of the Indian Penal Code. He was also convicted under Sections 3 (causing an explosion to endanger life) and 4 (making an explosive to endanger life) and 5 (making or possessing explosives under suspicious circumstances) of the Explosive Substances Act. He has also been convicted under various Sections of the Unlawful Activities Prevention Act (UAPA),1967. Baig had moved HC against the death sentence.

His lawyer,Mehmood Pracha,on Monday raised objections about the investigation and court trial. He argued that as per Section 6 (2) (d) and 43-D (2) (b) of UAPA and Section 22 of NIA Act,a magistrate court does not have powers to remand an accused booked under the UAPA. “Trial for such accused can only be conducted in special courts. But Baig was produced before a magistrate court in Pune after his arrest,” he said.

“As per Section 6 of NIA Act,a state government cannot book any person under the UAPA. The Central government is the only authority that can do so. So,the UAPA was wrongly invoked in this case,” he said.

Division Bench of Justices V K Tahilramani and Mridula Bhatkar asked the defence lawyer that as per Section 6 of NIA Act why these objections were not raised before the trial court. The lawyer pleaded that objections be considered to give justice. The court then asked him to submit “preliminary objections” with the appeal against Baig’s death sentence on August 8. The court said it would first hear the appeal by the defence lawyer and then by the ATS about confirmation of death sentence.

A high-intensity blast at German Bakery around 7 pm on February 13,2010,claimed 17 lives and injured 56 people. ATS arrested Baig in September 2010 after which he was produced before judicial magistrate (first class) S S Bose. He was later tried before special court of additional sessions judge N P Dhote,who held Baig guilty on April 15 this year.

ATS has named five more accused,including top operatives of Indian Mujahideen (IM) Iqbal Bhatkal,Riyaz Bhatkal and Mohsin Chaudhari and LeT operatives Fayyaz Kagzi and Zabiuddin Ansari. While Zabiuddin alias Zabi,also accused in 26/11 Mumbai attack,was repatriated from Dubai last year,all others are absconding.