1993 Train Blasts Case: Supreme Court Directs TADA Court To Complete Trial Against An Accused By 30th November

A Bench comprising Justice DY Chandrachud and Justice Surya Kant observed that in pursuance of court's previous orders, the trial has commenced and process of recording evidence is also underway.

The Bench further directed that any request of petitioner for grant of facilities as are admissible in law in terms of jail manual shall be duly considered.

The direction was issued after Advocate Shoeb Alam appearing for the petitioner requested the court to issue directions with regard to facilities in jail manual to get access to family members. He added that those facilities can't be accessed by the petitioner due to some reasons.

The Court had in December last year directed the Court to expedite the trial and to report the progress which has been made to this Court, preferably by March 2022.

This was after the Bench had in September directed the Trial Court to submit a report to the Top Court explaining why charges had not been framed against Hameer Ui Uddin. 

In August, the Court had directed the Special Judge, Designated Court, Ajmer, Rajasthan to submit a report to the Top Court explaining as to why charges have not been framed against Hameer Ui Uddin accused in the serial blasts in multiple Rajdhani Express and other trains in 1993.

Pursuant to court's directions, the Special Judge had submitted its report on August 26, 2021 in regard to the reasons for the delay in the framing of charges against the petitioner

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.

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.

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

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