FARIDA DAR Vs. STATE

JUDGEMENT

(1.) This Revision Petition under Section 397, 401 read with Section 482 of the Code of Criminal Procedure is directed against an order dated 20/10/2000 passed by learned Additional Sessions Judge, New Delhi for framing charges against the petitioner under Section 120-B read with Section 436, 124-A TPC and Sections 4 and 5 of the Explosive Substances Act. The petition arises out of a case commonly known as "Lajpat Nagar Bomb Blast Case".

(2.) The facts relevant for the disposal of this petition briefly stated are that on 21/5/1996 at about 6.45 p.m., there was a bomb blast in Central Market, Lajpat Nagar, New Delhi resulting in the death of 14 persons and injuries to 38 besides extensive damage to immovable and moveable property. An FIR was lodged and investigations were taken up.

(3.) The first lead for the investigators came from the phone calls received by the media on 21/5/1996 purportedly from Jammu Kashmir Islamic Front taking responsibility for the bomb blast. The calls were traced to Anantnag, Kashmir and were emanating from Telephone No. 22135. The Jammu & Kashmir Police was contracted which arrested accused Farooq Ahmed Khan and the present petitioner. It was discovered that Farooq Ahmed Khan, claiming to be the Chief Spokesman of Jammu Kashmir Islamic Front, had made phone calls to'several news agencies; immediately after the bomb blast and informed them that his Organisation was responsible for the bomb explosion. In the course of investigations, it was Further found that from the telephone of Farooq Ahmed Khan on 21/5/1996 itself, calls were made to Press Trust of India, N D Tonight, Zee TV and to the petitioner on phone No. 32221, which was installed at her realdence. On 22/5/1996 also, similar calls were made out of which 14 calls were made to the petitioner on her aforesaid phone. On 2/6/1996, some of the co-accused were arrested at Ahmedabad, Gujrat and their interrogations revealed that the conspiracy was hatched at Rawalpindi, Pakistan in the first week of March, 1996 and larga consignments of RDX, Remote Control Devices, Time Pencils, Walkie-TaIkies etc- were sent to India. Initially, the plan was to cause bomb explosions on l7/5/1996 and 18/5/1996 in Delhi but on account of certain intervening factors, the plan could nut succeed.