Karnataka High Court Refuses To Discharge Alleged LeT Operative Booked For Conspiring To Kill Hindu Leaders, Govt Officials
The Karnataka High Court has refused to discharge an alleged member of the banned terrorist organisation Lashkar-e-Taiba (LeT), who was charged for conspiring to kill Hindu leaders and government officials in 2012.
A division bench of Justice Sreenivas Harish Kumar and Justice JM Khazi dismissed the petition filed by Dr. Sabeel Ahmed @ Motu Doctor, who challenged the Sessions court order, rejecting his application for discharge which was filed on the ground that he was acquitted in a similar case tried by a court in Delhi.
The court said, “The act giving rise to offences with which the petitioner was charged and tried by Delhi court are not same as acts constituting offences for which he is being tried by Bengaluru court. Maybe the acts have similarities, but they are not the same. Some of the witnesses to both the trials may be the same, again it is not a ground for invoking Section 300 of Cr.P.C.”
The petitioner argued that he faced trial for the offences under sections 17, 18, 18B and 20 of UAP Act, sections 467 and 471 of IPC and section 12(1)(b) of Indian Passport Act in the Sessions Court at Delhi and was acquitted. The facts in both the cases at Delhi and Bengaluru are identical and the witnesses are also the same. Thus if he is made to face trial at Bengaluru court, it is nothing but prosecuting him twice on the same set of facts which is not permitted according to section 300 of Cr.P.C and Article 20(2) of the Indian Constitution.
The Counsel for National Investigation Agency (NIA) opposed the plea saying that in the case registered in Bengaluru it was alleged that he was actively participating in several meetings connected to the commission of the aforesaid crimes. He had remained absconding and was arrested on 29.08.2020 at Indira Gandhi International Airport, New Delhi. During investigation it was revealed that he was involved in another crime of providing logistic support to LeT in the form of extending financial support and ensuring smooth organisation of the functions of LeT.
NIA counsel further submitted that the petitioner was tried at Delhi court on the allegations of raising funds for and conspiracy to a terrorist act being a member of terrorist gang or organisation. The present case is for different offences alleging that the petitioner took part in terrorist activities of targeted killings of important personalities of Hindu community, politicians, journalists and police officers.
The bench referring to Section 300 (1) of CrPC which pertains to persons once convicted or acquitted not to be tried for the same offence said, “In the case on hand, Section 300 (1) of Cr.P.C, cannot be attracted at all. The petitioner may have been acquitted by Delhi Court, but that acquittal does not stop the trial by Bengaluru court.”
Noting that a submission was made on behalf of the petitioner during trial in Delhi court that case pending in Bengaluru was altogether different, Court dismissed the petition and said “The Special Court in its order has very well delineated the differences in allegations made in both the cases. As has been rightly held by the Special Court, the two cases are factually different and separate. There is no error in the impugned order.”
Appearance: Senior Advocate Kiran S. Javali, for Advocate Mohammed Tahir, for petitioner.
Special Public Prosecutor P. Prasanna Kumar for Respondent
Citation No: 2024 LiveLaw (Kar) 333
Case Title: Dr. Sabeel Ahmed @ Motu Doctor AND National Investigating Agency
Case No: WRIT PETITION NO. 20806 OF 2023