ABDUL NAZAR MADANI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Being some of the accused along with 152 others involved in what is popularly known as Coimbatore-Bomb Blast Case, the petitioners have prayed for the transfer of case PRC No. 54 of 1998 pending in the Court of FCJ Magistrate Court, Coimbatore, Tamil Nadu entitled State v. Abdul Nazir Madani and others to any Sessions Court in the State of Kerala allegedly on the ground of there being no possibility of fair trial in the State of Tamil Nadu. It is alleged that in the State of Tamil Nadu both Hindu and Muslim fundamentalists are inciting trouble which has surcharged the communal atmosphere in that State making the conduct of the fair trial impossible. It is apprehended that the witnesses will not be in a position to give evidence without fear or favour. The petitioner Abdul Nazar Madani has referred to some attack on him by RSS Cadres during August, 1992 as a consequence of which he sustained injuries which ultimately resulted in the amputation of his right leg. He has two children aged four and one year old and a wife from a very poor family. He claims to be the founder of A1-amwar islamic Madrass and Orphanage in Kollam District in Kerala where about 280 orphans are stated to be studying for whose day to day expenses an amount of Rs. 2050/- is required which is not possible to procure in his absence. He has further claimed to be the leader of an organisation named "Islamic Seva Sangh" which, according to him, was a social and cultural organisation. The said organisation is stated to have been declared as unlawful organisation in the State of Kerala after the demolition of Babri Masjid. Thereafter the said petitioner is stated to have organised a party named Peoples Democratic Party. He submits that there exists a feeling generally in Tamilnadu, Chennai and Coimbatore that the petitioner was an ISI (Pakistani Intelligence Service) agent who was responsible for the bomb blasts in the city of Coimbatore in Tamilnadu. It is alleged that a popular opinion appears to have been formed that no patriotic lawyer from Tamilnadu would appear and plead the case of the petitioners, as they thought it as anti-national and due to intimidation by the Police Intelligence Wing, lawyers are not willing to take up their briefs. On their behalf some advocates from Kerala are stated to have visited Coimbatore and Chennai with a request to local lawyers there to co-operate with the petitioners and conduct their cases but all of them are stated to have refused. It is submitted that being a well known political leader in the State of Kerala, the respondents have falsely implicated petitioner Madani, with others in the criminal cases.

(2.) In the counter affidavit filed on behalf of the respondents it is submitted that the petitioners along with others are involved in Coimbatore B-1 Bazar Police Station CR. No. 151 of 1998 under Sections 120-B, 302, 307, 449, 465, 468, 471, 212, 153-A(1), 148, 149, 201, 109, 114 and 353, I.P.C. Sections 3, 4 (b) 5, 6 of the Explosive Substances Act, 1908, Section 25 (1-B)(a) of the Arms Act, 1959 and Section 4 of the Tamil Nadu Property (Prevention of Damage and Loss) Act, 1992. The petitioner, Madani is stated to be the prima accused concerned in the Serial Bomb Blast Case of Coimbatore. It is alleged that on 14-2-1998 at about 4 p.m. when Shri L.K. Advani, the then President of Bhartiya Janta Party was to address election meeting at RS Puram, Coimbatore City, the whole of the city and its suburbs were hit by a series of 12 powerful bomb blasts killing 47 persons and injuring 218 persons apart from causing extensive damage to the properties owned primarily by a particular section of the society. The high intensity bombs/Improvised Explosive Devices (IEDs) exploded all over the city and its suburbs including near the venue of the public meeting. The bomb blasts were targeted at some specified congregations and their establishments. Shri L.K. Advani was planned to be targeted by Suicide Squad members armed with "instantaneous-type bombs" tied to their waists and "throw-type bombs," which, however, could not materialise since neither the members of the suicide squad charged with the task could penetrate the police cordon and reach near the public meeting place, nor Shri Advani was available at the targeted place at the scheduled time due to delay of his flight. The blasts had been planned and executed by the muslim fundamentalists organisation named "Al-Umma" headed by S.A. Basha, co-accused No. 1 in the case allegedly as a brutal answer/retaliation to the killing of 18 muslims in communal riots and police firing and extensive damages to the muslim properties following the stabbing to death of a Traffic Police Constable Selvaraj at Ukkadam, Coimbatore on 29-11-1997. There were some other bomb blasts resulting in total the death of 58 persons besides injuring 250 persons. Private and public properties to the tune of Rs. 4.37 crores is also stated to have been damaged. The petitioner Madani has admitted to be the founder leader of Islamic Seva Sangh and presently the leader of Peoples Democratic party. He was arrested at Kozhikode on 31-3-1998 in connection with Kozhikode Kasba PS Cr. No. 103/92 u/S. 153-A and B, I.P.C. and in the case in Cr. No. 62/98 under Section 120(B) 212, I.P.C. and under Section 3 read with Section 25(1)(a) Arms Act, 1959 and was remanded to judicial custody and lodged in Central Prison, Cannanore, Kerala State. His involvement in the Coimbatore Series Bomb Blast case came to light from the alleged confession statement made by accused Tajudeen alias Abu Mujahith, Accused No. 3 on 26th March, 1988. Other accused persons were arrested from different places on different dates.

(3.) Regarding allegations of the petitioners which have been made basis for seeking transfer, the respondents have submitted that it was not correct to state that there existed feelings in Tamil Nadu in general or in Chennai and Coimbature in particular, that no patriotic lawyer would appear and plead for any of the accused persons in the Bomb Blast cases. The submission of the petitioners is alleged to be illusory. Advocates from Chennai, Vijayawada and Coimbatore are stated to have already appeared for the accused in the courts at Coimbature and also before the High Court of Judicature at Chennai. A list of such advocates has been annexed with the counter affidavit as Annexure A. Regarding the existence of an alleged surcharged communal atmosphere, it is submitted that there is presently no communal tension in Tamil Nadu as communal harmony is maintained in the State. The situation which was created in the aftermath of series bomb blasts in February, 1998 has since been completely defused and normalised due to the strong measures taken by the fair and firm investigation of the case and by the law and order machinery. The atmosphere in the State is stated to be peaceful and the trial is assured to be conducted peacefully and smoothly.