1993 Train Blasts Case: Supreme Court Asks TADA Court To Explain Reason For Delay In Framing Of Charges

The division bench of Justices DY Chandrachud and MR Shah  also directed the Special Judge to submit a report within a period of two weeks on the status of TADA Special Case of 1994.

"The Special Judge, Designated Court, Ajmer, Rajasthan is directed to submit a report to this Court, within a period of two weeks from the date of receipt of a certified copy of this order, on the status of TADA Special Case No 6 of 1994. The report shall clarify why charges have not been framed," Top Court in its order noted.

Furthermore, to facilitate the submission of the report expeditiously, the Top Court also requested the Registrar (Judicial) to communicate a copy of the order to the Special Judge, Designated Court, Ajmer, Rajasthan directly as well as through the Registrar (Judicial) of the High Court of Rajasthan.

The directions were issued in light of the Special Leave Petition filed by Uddin challenging rejection of bail by the Special Judge, Ajmer on March 27, 2019.

Appearing for the accused Hameer Ui Uddin, Advocate Shoeb Alam submitted that Uddin was arrested on March 18, 2010, but neither charges were framed against him nor the trial had commenced.

The state of Rajasthan in its counter affidavit had submitted that after preliminary investigation, the case was transferred to the CBI on 4th January, 1994 after which the CBI registered FIR under Sections 5 and 6 of the Terrorist and Disruptive Activities (Prevention) Act 1987, Sections 4A, 4B and 9B of the Explosives Act 1884 and Section 120B of the Indian Penal Code 1860.

The State had also submitted that on August 25, 1994 CBI had submitted a charge sheet against the accused and that he was absconding for a period of 15 years.

Background

As per the prosecution case, on December 5-6, 1993, serial bomb blasts took place in Rajdhani express trains which had resulted in the loss of lives. Five cases were registered at respective police stations in Kota, Valsad, Kanpur, Allahabad and Malka Giri and were later transferred to CBI and re-registered under TADA.

The investigation had found that these were the outcome of one single conspiracy and all the cases were clubbed together. The CBI on August 25, 1994 and Hameer Ui Uddin was absconding for a period of 15 years. The charge sheet had alleged that he was one of the accused who had carried bomb devices and explosive substances to Kanpur in December, 1993.

Hameer Ui Uddin was arrested on March 18, 2010 and an 8000-page charge sheet was filed against him under various provisions of TADA and Explosive Substance Act, Prevention of Damages to Public Property Act and Indian Railways Act.

Case Title: Hameer Ui Uddin @ Hamid @ Hamiduddin v. The State Of Rajasthan

Counsel for Petitioner: Advocate(s) M. Shoeb Alam and Abu Bakr Sabbaq and Farrukh Rasheed (AOR)

Counsel for Respondent: Advocate(s) Visha Meghwal and Mr. Milind Kumar, AOR

Click here for order