Delhi HC stays order shifting case of Hizbul Mujahideen terrorists to other court
New Delhi: The Delhi High Court on Monday stayed the operation of its administrative order for shifting of a case of alleged plotting of attacks here to another court on a plea by suspected Hizbul Mujahideen terrorist that such a move will delay the judgement.
A bench comprising justices S Ravindra Bhat and Najmi Waziri stayed the operation of the August 3 notification after the counsel for the suspected terrorist Javed Ahmed Tantray said the decision to transfer the case at the fag end would cause delay and prejudice to him.
The notification orders transfer of all the cases, probed by the special cell of Delhi Police in connection with the alleged plotting of attacks on or before Independence Day in 2009, from a sessions court at Tis Hazari to the court of additional sessions judge at Patiala House courts.
"Transfer of the case of the petitioners at the stage when it was reserved for order/judgement is neither justified nor reasonable and the Respondent (High Court) ought not to have issued the impugned letter/notification directing transfer of the case of the petitioners. The transfer of the case will further delay the pronouncement of judgement...," MS Khan, the counsel for Tantray, said.
Tantray and co-accused Ashiq Ali Bhatt, arrested on August 6, 2009 from the walled city area here along with huge cache of arms and ammunition, are accused of plotting terror strikes here at the instance of Pakistan-based HM chief Syed Salahuddin.
Earlier, the court had stayed the recording of evidence in the 2008 serial blasts cases on a plea of an accused that the administrative order to transfer the trials to another court would cause delay and prejudice to 13 Indian Mujahideen suspects.
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