SC dismisses plea for fresh probe into blast cases

Dismissing a plea for fresh investigation into all the cases since the 2002 bomb blast to ensure that innocents are not victimised, the Supreme Court has said there are enough safeguards in the criminal jurisprudence to protect those who have been falsely implicated.

A bench of Justices T S Thakur and F M I Kalifullah gave the ruling while turning down the public interest litigation (PIL) filed by Gulzar Ahmed Azmi and Sudhir Sawant who argued that Muslims in general were feeling that their community was being targeted and requested that a special investigation team (SIT) be set up to launch a fresh probe into post-2002 blast cases.

Emphasising the inherent protections in the statutes, the bench said: “If anyone is falsely accused of any offence either under the provisions of Indian Penal Code or under any other special enactments, by way of criminal proceeding, it is needless to state that there are enough safeguards provided under various laws and under the criminal law jurisprudence, to protect the interest of any such person claiming himself to be innocent and demonstrate that he has been falsely implicated.” the bench said in a recent judgment.

The apex court said that it would be for the concerned individual, against whom any criminal proceeding has been initiated, to work out a remedy.

The bench further said that since criminal cases registered in connection with various blasts were either pending trial before the competent courts or being investigated by the jurisdictional police, it would be premature to say whether any of the accused was innocent or has been falsely implicated.

“The granting of plea (for an SIT) would amount to creating a parallel body without any statutory sanction and to function only under some directions of this court which would be lacking in very many procedural details and will ultimately result in utter chaos and confusion in dealing with the criminal proceedings which have already been lodged and progressing before various criminal courts,” the bench said.

The court also pointed out that allowing such a request would result in making a roving inquiry into the various criminal cases being investigated all over the country.

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