AAMIR ABBAS DEV Vs. STATE THROUGH NIA

JUDGEMENT

(1.) This is an appeal by an accused turned approver against the order dated 5th June,2013 of the Special Court constituted under the National Investigation Agency Act,2008('NIA Act' in short) whereby his application for his release from jail, where he was lodged after his arrest for his involvement in the bomb blast which took place on 7th September,2011 near the reception booth in between entrance gate nos.4 and 5 of Delhi High Court, was dismissed.

(2.) On 7th September, 2011 at about 10.14 a.m. a bomb blast took place near the reception counter between entrance gate nos. 4 and 5 of the Delhi High Court where large number of litigants que up every morning to get entrance passes. Due to that bomb blast 15 persons died while 79 persons sustained serious injuries. Huge loss to the public property was also caused. Though FIR in respect of that incident was registered same day by the Delhi Police but investigation was entrusted to the National Investigation Agency(NIA) constituted under the NIA Act in pursuance of the orders issued by the Ministry of Home Affairs, Government of India, New Delhi since one of the offences invoked was punishable under Section 16 of the Unlawful Activities (Prevention) Act, 1967 and that offence was required to be investigated by the NIA. During the investigation NIA arrested four persons, including the present appellant. During the investigation stage the appellant herein had got recorded his confessional statement under Section 164 of the Code of Criminal Procedure, 1973(Cr.P.C.) on 14th October, 2011. Upon conclusion of the investigation by the NIA charge-sheet was filed against three accused persons, including the appellant, in the Special Court constituted under Section 11 of the NIA Act for the offences under Sections 120-B/302/307/323/325 of the Indian Penal Code(IPC), Sections 3, 4 and 5 of the Explosive Substances Act as well as Section 16 of the Unlawful Activities (Prevention) Act, 1967. The case in respect of the fourth arrested accused on his being found to be a juvenile was referred to the Juvenile Justice Board. Two more persons were also found to be involved in the conspiracy to the cause the bomb blast at the entrance of the High Court premises could not be arrested and so they were got declared proclaimed offenders. Subsequently two of the proclaimed offenders(A-5 & 6 as per the charge-sheet) were reported to have died.

(3.) After filing of the charge-sheet Special Court, the appellant moved an application in the Special Court for grant of pardon to him upon his making a full and true disclosure of the facts and circumstances leading to the bomb blast at the entrance of the Delhi High Court on 7th September, 2011. Thereafter, another statement of the appellant under Section 164 Cr.P.C. was recorded by the Additional Chief Metropolitan Magistrate, New Delhi on 2nd May, 2012. After going through the statements of the appellant recorded under Section 164 Cr. P.C. during the investigation and then after filing of the charge-sheet and upon getting no objection for grant of pardon to the appellant herein from the special public prosecutor the learned Presiding Officer of the Special Court vide his order dated 11th May, 2012 came to the conclusion that the appellant had disclosed the facts in detail and further that some of them incriminated himself also. Accordingly, the appellant was tendered pardon " .. subject to his making a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence(s) and to every other persons concerned in the commission thereof, during trial of this case."