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Madani's
bail plea is sent to chief justice
Wednesday May 04, 2011 08:41:27 PM,
IANS
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Related Article |
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Bangalore
blast case: Split verdict on Madani's bail plea
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
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New Delhi: Following
divergence of views between judges over granting bail to
Kerala-based People's Democratic Party president Abdul Nazir
Madani, an accused in the 2008 serial explosions in Bangalore,
the Supreme Court Wednesday referred his bail plea to another
bench.
An apex court bench of Justice Markandey Katju and Justice Gyan
Sudha Misra said the matter may be placed before Chief Justice S.H.
Kapadia so that it could be listed before another bench.
Justice Katju said there was no sufficient evidence to deny bail
to Madani, who is in jail for his alleged involvement in the
serial explosions.
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.
Justice Misra, however, said that there was sufficient evidence
pointing to Madani's involvement in the bomb blast and he was
being implicated not just on the basis of inflammatory speeches
but also his constant contact with the other accused.
If Madani has to be granted bail, then the entire Criminal
Procedure Code should be changed to say that an accused should not
be arrested till he is convicted, she said.
"If you go by this that no person should ever be arrested unless
there are convictions, then let us change the Criminal Procedure
Code," Justice Misra said.
Eight low-intensity explosions within a span of 30 minutes killed
one woman and injured 15 persons in Bangalore in July 2008.
When senior counsel Tehmtan Rustomji Andhyarujina, appearing for
the Karnataka government, contended that "there was record of
telephonic contact between Madani" and other accused, Justice
Katju asked him if those conversations were tapped.
Katju said that merely making a telephonic contact "could not
amount to hatching a criminal conspiracy" and being projected as
kingpin of the conspiracy.
At this senior counsel Shanti Bhushan appearing for Madani said
that "if a member of the bar (Supreme Court) is held for some
criminal conspiracy, then all those who had spoken to him at
different point of time should be arraigned as accused".
At this, Andhyarujina said beyond the content, the context of the
telephonic contact was also important.
He argued that if Madani was released, the prosecution case would
be "thwarted and trail blocked".
When Shanti Bhushan contended that there was no crystal clear
evidence against Madani's involvement in conspiracy, Justice
Misra said that in cases of criminal conspiracy there is never any
crystal clear evidence.
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