New Delhi: Key 26/11 handler Abu Jundal has moved a Delhi court seeking discharge from the Jama Masjid blast case on the ground of “illegal investigation and court proceedings”.
An application moved in the court of Additional Sessions Judge Asha Menon said, “Under the scheme of the Unlawful Activities Prevention Act (UAPA), under which he has been booked, a magistrate has no power to remand the accused either in police or judicial custody, or take cognisance of offences or commit the case to sessions.”
Besides Jundal, seven Indian Mujahideen suspects — Adil, Mohd Irshad Khan, Kafeel Ahmed, Basheer Ahmed, Mohd Shakeel, Aftab Alam and Kamal — all accused in the Jama Masjid blast case and also various terror attacks across India have sought to be discharged saying Delhi Police and the magisterial court have failed to follow the scheme of UAPA.
Their counsel M S Khan said in the application that “in the present case, the accused persons were produced before the chief metropolitan magistrate who remanded them in custody from time to time. Not only this, the period of investigation was also extended from 90 to 180 days and the CMM also took cognisance of the case and committed it to sessions court,” he said.
“The entire procedure adopted by the CMM is in violation of the provisions of UAPA and renders entire procedure illegal,” Khan said, adding that “under the scheme of UAPA, in the absence of a special court, only a sessions court alone has the jurisdiction to send the accused in remand, extend probe period, take cognisance of the offenced”.
He said “the trial of the accused is vitiated and hence their detention is also illegal”.
Jundal and all seven alleged IM modules have been booked under various provisions of IPC, UAPA, Explosive Substances Act and Arms Act.