Additional Chief Metropolitan Magistrate Sameer Bajpai said the five accused, Tajender Pal Singh, Satnam Singh, Gajender Singh, Karan Singh Kini and Jasbir Singh Jima have been absconding as non-bailable warrants (NBWs) issued against them have been unexecuted and ordered that a proclamation for absconding persons be issued.
"NBWs against all accused persons remained unexecuted. After going through the report, I am satisfied that the accused persons have absconded. Process under section 82 CrPC (proclamation for person absconding) be issued against accused Tajender Pal Singh, Satnam Singh, Gajender Singh, Karan Singh Kini and Jasbir Singh Jima through DCP, Crime Branch for December 3," the magistrate said.
Under section 82 of the Criminal Procedure Code (CrPC), if the court is convinced that a person against whom a warrant has been issued by it has absconded or is concealing himself so that such warrant cannot be executed, it may publish a written proclamation requiring him to appear at a specific place and at a specified time.
The NBWs against the five accused were issued by the court in pursuance of a sessions court order which had earlier asked their fresh trial here in the same hijacking case of 1981, but for different offences arising out of it.
The warrants were issued after the court had taken cognisance of the Delhi police charge sheet, which was filed against the five in 2011 on the sessions court's order.
The Delhi Police has filed charges under sections 121 (waging war against Government of India), 121A (conspiring to commit certain offences against the state), 124A (sedition) and 120B (criminal conspiracy) of the Indian Penal Code against the five. (More)
