Police draw court’s flak for not probing properly Tunda case

As soon as public prosecutor Rajiv Mohan started advancing his arguments on framing of charges, the court said that the probe done in the case was not proper and directed the police to file their written submissions.

“You (police) give me everything in writing. Unless and until you will not give it in writing, I will order for further investigation. This is not proper investigation,” the judge said, adding that he would not hear any oral arguments now.

The court directed the police to provide an advance copy of their written submission to advocates M S Khan and Akram Khan, who appeared for 72-year-old Tunda.

Advocate Khan told the court that if provided with the written submissions in advance, he would file his arguments on June 30.

To this, the court also observed that it would not prolong the proceedings in the case anymore. The court had earlier indicated that charges under stringent Terrorist and Disruptive Activities (Prevention) Act (TADA) may not be framed against Tunda. The court, however, had said there was a prima facie case made out under the Explosive Substance Act against Tunda who has been chargesheeted in the case.

The special cell had claimed that there was circumstantial evidence against Tunda as 40 kg explosives were recovered from the house of his brother in Delhi, where he was also residing, in 1994. The police had said that four other accused, who had faced trial in the case, had also given confessional statements that they had hatched the onspiracy for terror strikes here on the instructions of Tunda.

Earlier, the special cell had filed a supplementary charge sheet against Tunda saying it would further “clarify” its case regarding charges slapped under the stringent TADA. It had said that the trial court had, in its judgement passed in December 1999 against arrested accused Abdul Haq, Aftab, Abdul Wahid, Afaq and Afran Ahmad, convicted them under section 5 of Explosive Substances Act read with section 120-B (criminal conspiracy) of the IPC.

The police, in its charge sheet, said Tunda was declared a proclaimed offender by the court earlier and in its verdict passed in December 1999 against the five arrested persons, the court had made specific observations regarding exclusion of Tunda from the order of acquittal.

Tunda was arrested by the Special Cell on August 16 last year from the Indo-Nepal border.

Tunda, one of the 20 terrorists India had asked Pakistan to hand over after the 26/11 Mumbai attacks, is currently in judicial custody in connection with various terror-related cases lodged against him.

Police had said that the five accused were arrested on January 17, 1994 and 150 kg explosives and six daggers were recovered from their possession.