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Bangalore
blast case: Split verdict on Madani's bail plea
Wednesday May 04, 2011 03:41:59 PM,
IANS
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New Delhi: The Supreme
Court Wednesday referred to another bench the bail plea of
Kerala-based People's Democratic Party president Abdul Nazir
Madani, now in jail for his alleged involvement in the 2008
serial explosions in Bangalore.
An apex court bench of Justice Markandey Katju and Justice
Gyansudha Misra said the matter may be placed before Chief Justice
S.H. Kapadia so that it could be listed before another bench.
The court referred the matter to another bench, following strong
divergence of views between the two judges on the question of
granting bail.
Justice Katju said there was no sufficient evidence to deny bail
to Madani. He said Madani had made inflammatory speeches, which
he should not have done in a secular country, but that alone is
not sufficient to implicate him in the conspiracy of the Bangalore
bomb blast case.
He said that the fact that Madani was in telephonic contact with
other accused before and after the blast was not an evidence to
show him as the kingpin of the blast conspiracy.
On the other hand, Justice Misra said that there was sufficient
evidence pointing to the involvement of Madani in the bomb blast
and he was being implicated not just on the basis of the
inflammatory speeches he made but his constant contact with the
other accused.
If Madani has to be granted bail, then the entire criminal
procedure court should be changed to say that an accused should
not be arrested till he is convicted, she said.
Eight low-intensity explosions within a span of 30 minutes killed
one woman and injured 15 persons in July 2008.
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