FATHIMA Vs. STATE

JUDGEMENT

(1.) THE petitioner, wife of one Sheik Mohideen, Accused No. 8 in Sessions Case No. 8 of 2003 on the file of Special Court for Bomb Blast Cases, Poonamallee, has filed this Habeas Corpus Petition for production of her husband, the said sheik Mohideen before this Court and set him at liberty. In the affidavit filed in support of the above petition it is stated that her husband was arrested on 18-6-1999 and is languishing in jail over 6 = years and the said prolonged custody is oppressive and illegal. The prosecution though cited 400 witnesses, ultimately examined 235 witnesses only and two more investigation officers have to be examined. The witnesses examined so far none implicated the detenu, without any incriminating material, keeping her husband in prolonged custody is unjust and improper. His bail applications were also dismissed with a direction to complete the trial. In H. C. P. No. 75 of 2005 the Division Bench of this Court on 20-6-20 05 directed the prosecution to complete the trial before July, 2005. In spite of such orders and even after passing of several months, the trial has not concluded resulting in prolonged custody of the detenu; hence the present petition.

(2.) PURSUANT to the direction of this Court, the respondent filed a counter stating that on 30-5-1999 during early morning, bombs were planted in as many as seven places in Tamil Nadu in the premises of the Police and Prison departments (of which one exploded) 3 places in Chennai, at one place at coimbatore and at one place at Trichy in pursuance to the conspiracy hatched by the hardcore Muslim fundamentalists Zahir Hussain @ Anus (A-1) and 18 others besides 5 approvers to retaliate and to wreak vengeance for the perceived illtreatment of Muslim prisoners kept in various prisons of Tamil nadu. It is further stated that the petitioner's husband Sheik Moideen @ samosa ( A-8) is a long time associate of accused Zakir Hussain @ Anus (A-1)and a most trusted confidant of S. A. Basha, the founder President of the since banned Al-Umma. He facilitated accused Zakir Hussain @ Anus (A-1) in selecting the site for planting of bombs at the Office of the Commissioner of police, Chennai. On 29-5-1999, he received a box bomb, Pipe Bomb, Booster charges along with pamphlets and other accessories to plant bomb at the Office of the Commissioner of Police and also explosive substances to be concealed for future unlawful use from Ummar Farook (A-4) and Ammani (A-6 ). On 30-5-99, during early morning hours, he had planted a box bomb near the compound wall of the Office of the Commissioner of Police, Chennai in order to kill police personnel and the public and to cause damages to the properties. He was found in possession oof explosive substances and other bomb making accessories kept for future unlawful use which were recovered in pursuant to his confession on 17-6-99 by the Inspector Sushil Kumar and his party who was examined as p. W. 194 on 24-6-2005. He is concerned in the following bomb blast cases: 1. F2 Egmore Police Station Crime No. 1018/99 2. D1 Triplicane Police Station Crime No. 695/99 3. F1 Chindadripet Police Station Crime No. 1253/99 4. B6 Cantonment Police Station Crime No. 616/99 5. B1 Bazaar Police Station Crime No. 1163/99 6. Payangady Police Station Crime No. 137/99 7. Kasargode Police Station Crime No. 4/99. These cases were charged on 18-04-2001 in C. C. No. 3606/2001 pending before 14th Metropolitan Magistrate for committal proceedings. Five approvers have been examined and committed to Sessions on 23-12-2002. The trial was commenced on 05-01-2004 and so far 222 witnesses were examined.

(3.) IT is further submitted that the husband of the petitioner Sheik Moideen @ samosa already moved this Court for bail which was dismissed on 21-9-99; vide criminal O. P. No. 17406/99, Criminal O. P. No. 5046/2001 on 30-03-2001 and criminal O. P. No. 18026/2002, Criminal O. P. No. 24993/2003 dated 13-08-2003, criminal O. P. No. 4425/2004 dated 17-02-2004 and Criminal O. P. No. 16146/2004 dated 20-08-2004.