Supreme Court gives life term to four in 1996 Lajpat Nagar blast; says delay by trial court, prosecution compromised national interest
The Supreme Court on Thursday took exception to the lack of promptness and attention shown by investigating agencies and the trial court in the conduct of criminal proceedings against accused in the 1996 Lajpat Nagar blast in Delhi. [Mohd. Naushad v. State (Govt of NCT of Delhi)]
A Bench of Justices BR Gavai, Vikram Nath and Sanjay Karol underscored that the matter ought to have been treated with urgency and sensitivity to avoid the resultant compromise of national security.
"The record reveals it is only on the prodding on the part of the judiciary that the trial could be completed after more than a decade. The delay, be it for whatever reason, attributable to the judge incharge or the prosecution, has certainly compromised national interest. Expeditious trial of such cases is the need of the hour, especially when it concerns national security and the common man. Regrettably, enough vigilance was not displayed by the investigating as well as the judicial authorities," the judgment said.
The Court noted that it appeared that influential persons influenced proceedings, given the number of accused versus those who actually were put on trial. Pertinently, the Bench said that accused whose acquittals/reduced sentences were not a part of the instant batch of appeals, also prime facie seemed involved in the conspiracy behind the blast.
"We also note that the accused persons who have not faced trial or those against whom the State has not preferred an appeal, prima facie, seem to be a part of this conspiracy. However, since they are not before us, we refrain from delving into evidence against those persons."
The observations came in a verdict that modified the sentences/conviction status of four accused in the case - Mohd Naushad, Mirza Nissar Hussain, Mohammed Ali Bhatt and Javed Ali Khan.
The Delhi High Court had in 2012 commuted Naushad’s death sentence, upheld Javed’s death sentence, and acquitted the other two, who had been on death row at the time.
In a detailed judgment that looked at the validity of each piece of evidence presented by the prosecution, the Court concluded that the role of the four accused in the conspiracy was clearly made out.
Hence, the Court proceeded to convict all the four accused.
The death sentence of Javed was commuted to life imprisonment.
The other three were also handed down life terms.
Given the gravity of the offence, the top court directed that all the life sentences run without any scope for remission.
"In view of the severity of the offence resulting in deaths of innocent persons and the role played by each accused person, all these accused persons are sentenced to imprisonment for life, without remission, extending to natural life. Accused, if on bail, are directed to immediately surrender before the Court concerned and their bail bonds stand cancelled," the judgment stated.
The blast occurred in the market area of the South-East Delhi locality, killing 13 and injuring 39 persons. The Delhi Police’s probe had revealed that six members of the Jammu & Kashmir Liberation Front were responsible.
Senior Advocate Siddhartha Dave and Advocate Kamini Jaiswal appeared for the accused. Additional Solicitor General Sanjay Jain appeared for the respondents.
