MOHD. SARVAR AAZMI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Charged for having allegedly committed a series of bomb blasts in Jaipur City, kept as under-trial at Central Jail, Jaipur and the Central Jail, Ahmedabad, being transported from the Jail under handcuffs, the petitioners have challenged the order dated 8.8.2012 passed by the Special Judge (Jaipur Bomb Blast Cases), Jaipur permitting their handcuffing by the police.

(2.) The brief facts of the case are that on 13.05.2008, Jaipur was rocked by a series of bomb blasts. About seventy people died, and about 185 people were injured. Subsequently, the terrorists group called the Indian Mujahiddin, claimed the credit for the bomb blasts. During the course of investigation, the petitioners were arrested and are lodged in different Central Jails. While Mohd. Sarvar Aszmi, petitioner No.1, Shahbaz Hussain @ Shahbaz Ahmed, petitioner No.2, and Mohd. Salman, petitioner No.3, are lodged at Central Jail, Jaipur, Mohd. Saif, petitioner No.4, and Saifur Rehman, petitioner No.5, are lodged at Central Jail Ahmedabad. The petitioners No.1 to 3 are produced before the trial court at Jaipur on the trial dates.

(3.) On 18.4.2011, the Superintendent, Central Jail, Jaipur, had moved an application before the Special Court (Jaipur Bomb Blast Cases), Jaipur, seeking permission to handcuff Mohd. Sarvar Aazmi and Shahbaz Hussain @ Shahbaz Ahmed while producing them before the trial court. However, by order dated 24.5.2011, the Special Court dismissed the said application. Subsequently, the Additional Police Commissioner, Jaipur, filed another application before the Special Court for handcuffing the petitioners while taking them to and fro from the Jail. By order dated 8.8.2012, the learned Judge allowed the application. Hence, this petition before this court.