Decide HC blast accused bail plea within a week of taking it

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Press Trust of India New Delhi
Last Updated : Jun 02 2017 | 7:42 PM IST
The Delhi High Court has asked a special NIA court to dispose of the bail plea of Wasim Akram Malik, an accused in the September 2011 high court blast case, within a week after taking it up.
Justice G S Sistani issued the direction after the lawyer for the accused contended that the Supreme Court in March this year had held that bail applications should normally be disposed of within one week by the subordinate courts.
Malik had moved the high court claiming that his bail plea was not being heard by the special court initially on the ground that the records of the case had been called for by the apex court and not returned.
By the time the records were received back, there was no NIA court functioning as notification indicating the name of the presiding officer had not been issued, the bail application had said.
Malik's lawyer, Mehmood Pracha had told the high court during the proceedings that since his client's bail plea has been pending for some time before the trial court, it be directed to dispose it of as per the apex court's ruling.
Malik has been in custody since 2011 in connection with the case of blast outside the high court that had left 15 people dead.
He was arrested for allegedly sending an email, pursuant to the blast, referring to Parliament attack case convict Afzal Guru who was hanged on February 9, 2013.
The special NIA court had in 2013 framed charges, including that of waging war against India, against the accused. The offence is punishable by death or life imprisonment.
The trial court had also framed charges, including that of murder, against Malik under the IPC, the Unlawful Activities (Prevention) Act and the Explosive Substance Act for his alleged role in the attack at the high court's reception area.
The accused had pleaded not guilty and claimed trial.
The NIA had filed a charge sheet against six persons, including Malik and a minor, in the case.
One of the accused, Amir Abbas Dev, had turned approver and was granted pardon by the trial court. The minor's case is being adjudicated separately.
Two others, Amir Kamal and Junaid Akram Malik, suspected members of the banned Hizb-ul Mujahideen, were also named in the charge sheet. They are yet to be arrested.
The NIA had told the court that the sixth accused Shakir Hussain Sheikh alias Chota Hafiz was killed in an encounter with security forces on December 20, 2012 at Kishtwar in Jammu and Kashmir.

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First Published: Jun 02 2017 | 7:42 PM IST

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