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Israeli diplomat attack case: Kazmi moves HC

Last Updated: Wednesday, July 11, 2012 - 18:31

New Delhi: Syed Mohammad Kazmi, a journalist who is an accused in the February 13 terror attack on an Israeli diplomat, on Wednesday moved the Delhi high Court seeking a direction to resume hearing before a sessions judge on his plea against extension of probe period in the case.

Kazmi, in judicial custody in the case, had moved the sessions court against an order of the Chief Metropolitan Magistrate (CMM) allowing Delhi police the extension of period of investigation from 90 days to 180 days.

Justice Manmohan has fixed further hearing on the fresh plea of Kazmi on July 13.
Earlier, the High Court had said that till it decides the question of law relating to power of magistrates to deal with cases lodged under the Unlawful Activities Prevention Act (UAPA), the court of CMM will keep on dealing with such cases.

The issue had come before the High Court after a sessions judge questioned the power of a magisterial court to deal with the cases under anti-terror law UAPA.

The jailed scribe, in his fresh plea in the High Court, has sought a direction for resumption of hearing before a sessions court on his revision petition filed against the extension of time granted to police to conclude the probe.

"The order dated July 2 may be modified to the extent that the proceedings in the criminal revision before S S Rathi (sessions judge) be allowed to continue on other issues apart from the competence of the CMM to grant/extend the custody in the said matter," the petition said.

Kazmi was arrested on March 6 for his alleged role in the embassy car bombing. Four people were injured when an Israeli embassy car was struck by a bomb near the Prime Minister`s official residence here on February 13 this year.

The High Court had on July 2 stayed the hearing and
suspended the operation of the order of an Additional Sessions Judge who had questioned the magisterial court`s power to extend the judicial or police custody of an accused under the UAPA.

Later, Justice Manmohan held that the CMM is competent to deal with cases under the UAPA till he decides the question of law on the issue.

Tal Yehoshua Koren, 42, wife of Israeli defence attache Colonel Yossi Refaelov, suffered multiple injuries when a motorcycle rider attached a magnetic explosive device to her car and sped away.


First Published: Wednesday, July 11, 2012 - 18:31

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