Pune blast case hit by court jurisdiction issue
A Delhi court on Thursday refused to extend the judicial custody of one of the accused in last year`s Pune blast case.
New Delhi: A Delhi court on Thursday refused to extend the judicial custody of one of the accused in last year`s Pune blast case or take cognisance of the charge sheet citing lack of jurisdiction.
Prior to the jurisdiction issue, the case was mired over the question of magistrate`s power to deal with cases under the Unlawful Activities Prevention Act.
Chief Metropolitan Magistrate (Central) Vidya Prakash refused to extend the judicial custody of Sayeed Maqbool, one of the five suspected Indian Mujahideen terrorists arrested for the August 1 Pune blasts, saying no part of the offence was committed within his jurisdiction and sent it to Saket courts.
In the evening, Maqbool was produced before CMM Manoj Kumar at Saket court but he also refused to extend his custody citing lack of requisite record including the FIR before him.
Maqbool was then taken by the police to Tihar and the maater is likely to be taken up on April 10 at Saket court.
Earlier in the day, CMM Prakash also refused to take cognizance of the charge sheet filed against Maqbool and co-accused Asad Khan, Imran Khan, Sayed Feroz and Langde Irfan Mustafa in January.
"Since offences are alleged to have been committed within territorial jurisdiction of South East district, this court does not have jurisdiction to entertain the case and cognizance had not yet been taken," CMM Prakash said, adding after posting of 11 CMMs in 11 districts, he does not have the power to deal with the case.
The court was not impressed with the submission made by the prosecution that under provisions of Criminal Procedure Code, there was no bar on it to take cognizance.