New Delhi: The Delhi High Court on Friday sought a response from the city government on a plea of Sayed Mohd Ahmed Kazmi, an accused in the case relating to attack on an Israeli diplomat in 2012, seeking a direction to constitute more than one special NIA court.
"The counsel for GNCTD (Delhi government) shall obtain instruction on the issues raised in the petition including creation of more than one special courts under the National Investigation Agency (NIA) Act," a bench of justices S Ravindra Bhat and Vipin Sanghi said.
Kazmi, in his plea filed through lawyer Mehmood Pracha, has challenged an administrative order of the Delhi High Court, passed on August 03, 2013, constituting one special trial court under the NIA Act in the city to try all the cases probed by the Special Cell of Delhi police.
"There is only one court in Delhi to deal with one class of offences and it takes away my right under the CrPC to seek transfer of the case from the court on the grounds of bias and apprehension of bias against the accused. My right to seek transfer is being hampered," Pracha said.
"If you are alleging apprehension of bias without substantiating it, then we cannot deal with a hypothetical situation," the bench said, adding the accused has legal remedies against the orders or the verdict of a special court.
The counsel for Kazmi also referred to an order of the apex court. The bench then issued the notice to Delhi government.
"The petition involves a substantial question of law having general public importance that whether designation appointment of only single judge to handle a class of cases, investigated by a particular investigating agency, takes away the right to apply and seek relief under section 407 & 408 CrPC and whether appointment of only one judge to the post of Special Court as required by ...Of the NIA Act takes away a legal right to apply and seek transfer...," the plea said.
Kazmi, arrested on March 06, 2012 allegedly from outside Indian Islamic Cultural Centre here, is an accused in the case relating to the attack on Israeli diplomat Tal Yehoshua Koren on February 13, 2012.
Koren, travelling in an Embassy vehicle near Aurangzeb Road-Safdarjang Road Crossing, and three others were injured when the vehicle caught fire after allegedly being attacked.
Kazmi, a journalist, has also sought transfer of his
case, registered with the Special Cell, from the special NIA court to any other court of competent jurisdiction saying the present trial judge has been "biased" against him.
He has alleged that he is being implicated by Delhi police in the case.
Besides Kazmi, Delhi Police has also listed four Iranian nationals Houshang Afshar Irani, the main bomber, Mohammad Reza Abolghasemi, Seyed Ali Mahdiansadr and Sedaghatzadeh Masoud as "suspects" in the case.
Kazmi has been charged under the Unlawful Activities Prevention Act, Explosives Act and other sections of the IPC.