New Delhi, Jul 21 (PTI) Three decades after a blast in a bus in Rajasthan’s Dausa district killed 14 people, the Supreme Court on Tuesday set aside a convict’s death penalty and ordered a fresh trial by a designated court.
It also acquitted a lifer and directed his forthwith release while dismissing the state government’s appeals against the acquittal of six persons by the high court.
A bench of Justices Vikram Nath, Sanjay Karol and Sandeep Mehta set aside the 2019 judgement of the Rajasthan High Court on death row convict Abdul Hameed on the ground that he was not provided effective legal representation at the time of recording of evidence during the trial.
Taking note of the passage of time since the May 22, 1996 blast in a bus going from Agra to Bikaner and pendency of matter for over three decades, the court asked acting chief justice of the Rajasthan High Court to designate a special court at Jaipur for conducting the fresh trial against Hameed.
“The special court shall be presided over by an officer of the Rajasthan Higher Judicial Service having not less than seven years’ experience of conducting Sessions trials. The trial shall be conducted at Jaipur, and the Special Court shall make every endeavour to conclude the trial within a period of one year from the date of assignment of the case,” the bench ordered.
The bench said the special court shall proceed with the case from the stage of recording of prosecution evidence and thereafter conduct the trial afresh in accordance with law, uninfluenced by any observations contained in the judgments of the trial court, high court or this verdict.
It said Hameed, a doctor, who is lodged in Central Jail at Jaipur, will be allowed a lawyer of his choice and if he is unable to engage a counsel, the special court shall secure competent legal representation for him through the Rajasthan State Legal Services Authority by appointing an advocate having not less than ten years’ standing at the Bar as the lead defence counsel.
The defence counsel should be assisted by another advocate having not less than seven years’ standing at the Bar, so as to ensure effective and meaningful legal assistance throughout the proceedings, it added.
The bench issued several other procedural directions for expeditious completion of the fresh trial of Hameed.
Besides, the bench acquitted Pappu alias Salim, who was awarded life term by the trial court.
“The conviction of Accused No. 12-Pappu @ Salim and the sentences awarded to him by the trial court and affirmed by the high court are also set aside. Accused No. 12-Pappu @ Salim is acquitted of all the charges levelled against him. The said accused shall be released forthwith, if in custody, unless required to be detained in connection with any other case,” it ordered.
The top court also dismissed the state government’s appeals against the acquittal of six persons by the high court.
The high court had upheld the death penalty awarded to Hameed, saying he was the key person behind planting the bomb in the bus. It also upheld the life term awarded to Pappu alias Salim, holding him to be responsible for supplying the explosives.
On December 2, 2019, the top court stayed the execution of the death penalty to Hameed.
The allegations pertain to a devastating bomb blast that occurred inside a Rajasthan Roadways bus near Samleti village while it was travelling from Agra towards Bikaner.
The explosion claimed the lives of 14 persons and left numerous others seriously injured, causing immeasurable human suffering and widespread public anguish.
“The incident was not merely a crime against individual victims but an assault upon public peace and security itself, thereby warranting the most careful and rigorous judicial scrutiny,” the top court observed about the incident.
In its July 22, 2019 ruling, the Rajasthan High Court acquitted six persons — five Jammu and Kashmir natives namely Javed Khan, Latif Ahmed, Mohammad Ali Bhatt, Mirja Nissa Hussain and Abdul Ghani, and Rais Beg from Agra.
It also upheld the acquittal of Farukh Ahmed Khan by the Bandikui court in the case in 2014.
The state government challenged the acquittal of Khan as well, but the high court bench dismissed the appeal against him.
Hameed was also alleged to be a key accused in the case related to planting of bombs in the Sawai Mansingh Stadium of Jaipur on January 26, 1996. PTI MNL MNL KVK KVK
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