Diplomat attack case: Court sets aside order on probe extension
New Delhi: A Sessions court today set aside the order of a magisterial court extending the probe period in the Israeli diplomat attack case, in which journalist Syed Mohammad Kazmi is an accused, saying it was passed in a "reticent and clandestine manner."
Additional Sessions Judge Surinder S Rathi set aside the June 2 order of Chief Metropolitan Magistrate Vinod Yadav whereby the probe period was extended by further 90 days, saying the accused was not given any notice of the application moved by the Special Cell of Delhi Police.
While setting aside the order, the ASJ gave the police liberty to move a fresh report seeking extension of probe period within a week.
"The impugned order passed by the CMM on June 2 speaks for itself that this order has been passed in a most reticent and clandestine manner in so far as neither any notice of the report of the Additional Public Prosecutor was given to the accused nor any opportunity whatsoever was provided to him to defend the further extension of investigation in any manner," the ASJ said.
"The way in which the report seeking extension of custody was moved in a shrouded and esoteric manner by designedly eluding the accused is found to be highly obtrusive. All this obliquely opposes to the fairness mantra given to the 'state' by the Supreme Court in Maneka Gandhi's case of being just, fair and reasonable.
"Such streaks of unjust and unfair attitude of a bunch of police officials towards any citizen (accused here is a journalist) can not be overlooked in a democratic setup," the ASJ said.
The order of the ASJ came on a revision petition moved by Kazmi against the June 2 order of the CMM allowing Special Cell to complete its probe in 180 days, extending the probe period from 90 days.