ABDUL LATIF Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) INDIAN Airlines Flight IC-814 from Kathmandu to Delhi was hijacked on 24.12.1999 when the aircraft was within the Indian air space under the control of Air Traffic Control, Varanasi (U.P.). The aircraft had taken off from Tribhuwan Airport at Kathmandu with 179 passengers and 11 crew members. At the instance of the hijackers the aircraft finally landed at Kandahar International Airport in Afghanistan at about 0830 hrs. on 25.12.1999. The aircraft with the crew members and the passengers were illegally detained there under threat and terror by the hijackers till 31.12.1999 in the aircraft itself. During this period, one passenger was killed by the hijackers and another seriously injured. The hijackers demanded the release of 36 militants lodged in Indian jails, the dead body of militant Sajjad Afghani and 20 crore US Dollars. After prolonged negotiations the hijackers released the hostages and the aircraft only after the Indian Government released three militants lodged in Indian jails, namely, Maulana Massood Azhar, Umar Sheikh and Mohd. Zargar. The hijackers escaped from the aircraft and thereafter the passengers and the crew members were brought to India.

(2.) CASE FIR 145 dated 29.12.1999 was registered at Police Station Raja Sansi, Amritsar which was later transferred to the Central Bureau of Investigation (CBI) for investigation and accordingly a case was registered by the CBI on 11.1.2000 and the matter was investigated. During the course of investigations, Abdul Latif petitioner was arrested by the Mumbai Police on 30.12.1999. He is alleged to have disclosed all the facts relating to the hijacking of the aircraft, the conspiracy behind it and the details of his associates. The other petitioners, namely, Bhupal Maan Damai @ Yusuf Nepali and Dalip Kumar Bhujel were also arrested and they are said to have made some confessional statements before the Magistrate. After completion of the investigation, the CBI filed a charge-sheet on 20.6.2000 against Abdul Latif petitioner and nine others including the other two petitioners in the designated court under the Anti-Hijacking Act at Patiala for the commission of offences under Section 120-B read with Sections 363, 342, 307, 302, 323, 326 and 506 IPC and Sections 4 and 5 of the Anti-Hijacking Act, 1982 and sections 25 and 27 of the Arms Act. The petitioners and others are facing trial in the designated court at Patiala. Seven accused who are alleged to be Pakistani nationals were declared absconders and evidence against them is being recorded under Section 299 of the Code of Criminal Procedure (for short the Code). The three petitioners before us are lodged in Central Jail, Patiala and were being produced in court on different dates when the case was fixed before the designated court. During the course of the trial the CBI made a request to the State Government that in view of the security risk involved, petitioner Abdul Latif who is one of the main accused in the case be not removed from Central Jail, Patiala and that an order in this regard be passed under Section 268 of the Code. By order dated 12.11.2001 the State Government acceded to the request made by the CBI and in exercise of its powers under Section 268 of the Code directed that under-trial Abdul Latif petitioner shall not be removed from the Central Jail, Patiala. A copy of this order was forwarded to the Additional Director General of Prisons, Punjab for information and necessary action. As a sequel to this order, the State Government made a request to this court that the designated Judge at Patiala be directed to hold the sittings of the court in the Central Jail, Patiala in connection with the trial of the case. On receipt of this request, this court on the administrative side passed the following order on 20.12.2001 :-

(3.) WE have heard the learned counsel for the parties. Shri Navkiran Singh, learned counsel for the petitioners has raised the following four contentions in support of the writ petition challenging the continuance of the trial in the Central Jail at Patiala :-