Baig wants no hearing till NIA probe gets over

In April,a sessions court in Pune handed out the death penalty to Baig. Arrested by the Maharashtra Anti-terrorism Squad (ATS) in September 2010,Baig was convicted under Sections of the IPC,Unlawful Activities Prevention Act (UAPA) and Explosives Act. The NIA took over the case from the ATS in April 2011.

Defending Baig,lawyer Mehmood Pracha cited the example of the accused in the Malegaon 2006 bomb blasts who were let out on bail following the NIA’s chargesheet that named four members of a Hindu fundamentalist group as conspirators of the bomb blast.

“IM accused in Malegaon,Mecca Masjid and Ajmer Sharif were found not to be involved (in the attacks) at a later stage. What if afterwards he (Baig) is found not to be involved?” Pracha argued and added that the NIA had differed from the findings of the ATS in four cases.

He added that had the accused in the Malegaon bomb blasts been given an expeditious trial,confirmation and hanged,and if the NIA had later said they were not involved,that would have been a grave injustice. “Appeal should be postponed till the NIA completes its investigation,” Pracha said.

The defence also questioned the jurisdiction of the magistrate to take cognisance of a remand application under the UAPA. “The FIR,remand and the subsequent trial was bad in law,” Pracha said.

He also told the court that Baig had not been given proper legal representation in the trial court. “The Pune Bar Association had decided not to take up his case. Only one lawyer came forward to defend him. Can it then be said he was given a lawyer of his choice? Later,during the trial when Baig wanted him to be discontinued,the investigating officer said the lawyer should not be removed because he lives close the IO’s house,” Pracha said.

The court was informed that Baig complained of headaches,poor eyesight. Baig said he wanted to read the chargesheet in the case but was unable to do it due to his weak eyesight.

Justices V K Tahilramani and Mridula Bhatkar asked Baig to be medically examined. Meanwhile,special public prosecutor Raja Thakare handed over a magnifying glass to Pracha to aid Baig.

Baig,who was brought to court with a thick security cover on Monday,will be henceforth produced before the court through video-conferencing to attend the confirmation and appeal proceedings.