SAYED MOHD.AHMAD KAZMI Vs. UNION OF INDIA

JUDGEMENT

(1.) Sayed Mohd. Ahmad Kazmi is facing prosecution for offences punishable under Sections 307, 323, 327 and 120B of the Indian Penal Code (IPC, for short), Sections 16/18 of the Unlawful Activities (Prevention) Act, 1967 and Section 3 of Explosive Substances Act etc. arising out of FIR No. 4/2012 dated 13th February, 2012. The said FIR was registered and investigated by Special Cell, Lodhi Colony of Delhi Police. Charge sheet was filed by them on 30th July, 2012 and arguments on charge were heard by Mr. Atul Kumar Garg, Additional Session Judge (ASJ) 03 (Central), Tis Hazari Courts, Delhi on 22nd April, 2013 and 5th June, 2013, directing the parties to file written submissions by the next date, with a stipulation to exchange written submissions two days prior to the next date of hearing fixed for 9th July, 2013. Written submissions were not filed by the public prosecutor on 9th July, 2013 but were filed on 16th July, 2013. Petitioner filed his written submissions on 17th July, 2013. Thereafter, dates for hearing were fixed, but order on point of charge could not be pronounced. As per the petitioner, the public prosecutor kept on delaying the proceedings on the pretext that a connected matter was pending before the Delhi High Court.

(2.) On 3rd August, 2013, administrative order bearing No. 3199- 2009/DHC/GAZ/G-1/2013 was issued by the High Court of Delhi directing that all Session cases investigated by the Special Cell Delhi Police (except cases under the NDPS Act) shall be assigned or transferred to the court of Additional Session Judge 02, Patiala House Courts, New Delhi. Aggrieved, the petitioner made representation dated 17th August, 2013 and wrote letter dated 11th September, 2013 to various authorities but to no avail. The petitioner thereupon filed Writ Petition No. 6288/2013 titled Sayed Mohd. Ahmad Kazmi vs. Delhi High Court and Anr. assailing administrative order dated 3rd August, 2013 issued by Delhi High Court on various grounds. The writ petition was disposed of by order dated 25th October, 2013, which reads as under:-

(3.) Paragraph 1 of the said order refers to the notification dated 12th September, 2013 and order dated 4th February, 2013 passed by the Joint Secretary, Ministry of Home Affairs, Government of India constituting a special court under Section 22(1) of the National Investigation Agency Act, 2008 (NIA Act, for short). For the purpose of clarity, we record that court presided over by Additional Session Judge-02, New Delhi District was designated as a Special Court under the NIA Act. Again for the purpose of clarity, we record that the court of the Additional Session Judge-02, New Delhi District, Patiala House Courts was also the constituted court to deal with all Session cases investigated by Special Cell, Delhi Police (except NDPS Act) under the administrative order dated 3rd August, 2013.