A PIL has been filed in the Delhi High Court, demanding instructions to the court monitoring committee to monitor all stages of the trial in the recent Red Fort blast case. The case will be heard tomorrow (Wednesday, December 3) by the division bench of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela.
Actually, this PIL has been filed by Dr. Pankaj Pushkar. The petition demands a day-to-day trial in this case, which is being investigated by the National Investigation Agency (NIA) and the prosecution will have to file a status report every month before the Judicial Committee.
‘Attack on India’s sovereignty’
In the petition, this blast has been described as an attack on India’s sovereignty, national security and psychological integrity of the people of Delhi. The petition states that the families of the victims are in complete darkness as they do not know why their loved ones were killed or which forces carried out the attack.
What was said in the petition
The petition said that despite government confidence, only judicial oversight can guarantee that evidence is preserved, agencies cooperate, witnesses are protected, and that the purpose of the investigation is not only to identify the culprits, but also to ascertain the motive and intention behind the attack. This is information to which victims are constitutionally entitled. Citing several UAPA cases, the plea said the reality of terrorism trials over the last three decades shows that without direct Constitutional Court oversight, NIA cases often flop under the burden of delay.
Petitioner’s argument
The petitioner says that terrorism cases under TADA, POTA and UAPA take 12 to 27 years to conclude, due to which evidence gets destroyed, witnesses lose their memories, hearings are repeatedly postponed, witnesses turn hostile, the chain of custody is broken, and ultimately re-trials or a large number of people are acquitted. The petition further states that the daily trial under the supervision of the High Court not only fulfills the legal responsibilities but also ensures that the truth comes out quickly, confidently and without outside interference.
The petition states that the Court-Monitored Special Regime (CMSR)—which ensures day-to-day processing, constant monitoring and timely compliance—is not a special measure, but a practical constitutional requirement to prevent the present case from becoming yet another in the long list of delayed or derailed terrorism trials that have eroded public confidence in the justice system.
The blast took place on 10 November
In November, an explosive-laden I20 car was blown up by terrorist Dr. Omar outside the Red Fort. 15 innocent people were killed and many people were injured in the blast. NIA, which is investigating this case, had revealed the white collar terrorist module of doctors behind the incident.
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