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A city court,trying the 2008 serial bomb blasts here allegedly by Indian Mujahideen (IM) militants,was today told by the city government that it had given sanction to prosecute all 13 accused on the basis of ample evidence to establish their links with the terror outfit.
“It is incorrect to suggest that sanction order was passed without any material to suggest that the accused persons had any link with the terrorist organisation,” Civil Lines Sub Divisional Magistrate Ashish Kumar told Additional Sessions Judge Narinder Kumar,while deposing as prosecution witness.
As deputy secretary in the Department of Home Affairs of the city government (Home II),Kumar has given the sanction to prosecute the 13 militants as the competent authority to do so.
The SDM also denied the reference to the Lieutenant Governor for sanction was forwarded mechanically without mentioning a specific role of any of the accused.
He said that besides him,”there were officers of Law Department and Home Department of Delhi government who also dealt with the file while forwarding the reference to the competent authority (for sanction).”
Earlier,Kumar had said that he had received records from Delhi Police for obtaining sanction for the accused persons under section 195 CrPC and Section 45 of Unlawful Activities (Prevention) Act.
He said that after receiving the Delhi Police request for grant of sanction to prosecute the 13 militants,he got the matter processed through proper channels before sending the same to the office of the Lieutenant Governor and after receiving the same back with due approval of competent authority,he issued the sanction orders and sent the same to city Police Commissioner,DCP (Special Cell) and DCP (Headquarters).
The 13 IM militants facing trial in the case are Mohd Saif,Zeeshan Ahmad,Zia-ur-Rehman,Saquib Nisar,Mohd Shakeel,Kayamuddin Kapadia,Mohammed Sadique,Mohammed Hakim,Mohammed Mansoor Ashgar Peerbhoy,Mubin Kadar Sheikh,Asif Bashiruddin,Mohammed Akbar Ismail Chaudhary and Shahzad Ahmed.
The trial of the case is being conducted via video-conferencing as 11 of the 13 accused are lodged in Sabarmati jail in Gujarat while two are lodged here in Tihar Jail here.
All the accused are facing trial under various penal provisions including those concerning waging war against the government of India,criminal conspiracy and murder and under the Explosive Substances Act,besides the Unlawful Activities
(Prevention) Act.
A series of blasts had rocked the national capital on September 13,2008,killing 26 people and injuring 135.
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