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A division bench of Justices M M S Bedi and Gurvinder Singh Gill dismissed the bail plea of Chauhan, who is accused of planting the suitcases bombs in the Samjhauta Express Express train in 2007.
The Punjab and Haryana High Court Thursday dismissed the bail plea of Kamal Chauhan, an accused in the 2007 Samjhauta Express blast case, and observed that the National Investigation Agency (NIA) could move an application before the trial court for conducting the examination of 13 Pakistani witnesses through video-conferencing. The Special NIA Court has also been directed to expedite the trial in the case pending since 2013.
A division bench of Justices M M S Bedi and Gurvinder Singh Gill dismissed the bail plea of Chauhan, who is accused of planting the suitcases bombs in the Samjhauta Express Express train in 2007.
A total of 68 people, including 43 Pakistan citizens, 10 Indian citizens and 15 unidentified people, had been killed in the blast at Panipat on February 18, 2007. Another 12, of them 10 Pakistanis and two Indians, were also injured in the attack.
During the resumed hearing of the case on Thursday, the NIA counsel Sukhdeep Singh Sandhu told the division bench that out of the 299 total witnesses in the case, 264 have already been examined. Sandhu told the court that of the 36 remaining, 13 were Pakistani citizens.
The Panchkula trial court had last year issued summons to the Pakistani citizens and Pakistan had sought four months to send the summons to the witnesses, but no communication has been received from the neighbouring country to date, the court was told.
“Video conferencing is good enough. You never made an attempt (for it). Why don’t you move an application for the video-conferencing,” the division bench observed during the hearing. Senior advocate R S Rai, Chauhan’s counsel, argued that his client had remained in prison for the past six years and there was no evidence against him.
“The trial will continue forever. Only official witnesses are now remaining to be examined in the trial. Same motive was applied to Ajmer and Malegaon blasts but the accused in Ajmer blast have been acquitted and in Malegaon they have been discharged. I do not even deserve to be in prison for six days and here I have spent six years,” he argued.
The Special NIA Court last month issued summons to 15 witnesses for their appearance before the court on April 6, 7, 20 and 21. Two of the witnesses are Additional District and Sessions Judges at Faridabad and Jhajjar. Faridabad judge has been asked to appear through video-conferencing. At least 20 witnesses have already turned hostile in the case, lawyers associated with the trial told The Indian Express.
Three accused, Kamal Chauhan, Rajinder Chaudhary and Lokesh Sharma, are judicial custody in Central Jail at Ambala. Swami Aseemanand, the prime accused in the case, was granted bail by the Punjab and Haryana High Court in 2015. Three accused, Amit, Ramchandra Kalsangra and Sandeep Dange, have been declared as proclaimed offenders in the case.
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