Delhi High Court Refuses To Entertain PIL Seeking Day-To-Day Trial In Red Fort Bomb Blast Case

The Delhi High Court has refused to entertain a Petition seeking a Court-monitored Committee to supervise day-to-day trial in the Red Fort bomb blast case.

The Court observed that the trial in the case has not started yet and the issue raised in the Petition was only on apprehension and it cannot be assumed that there will be a delay in the trial.

The Petitioner namely Dr. Pankaj Pushkar sought a day-to-day trial in the case and a direction to the probe agency to file monthly status reports before the Court-appointed Oversight Committee.

A Division Bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela said, "It is a good piece of essay and not writ petition. You have to differentiate between a writ petition and a piece of research paper. We are not sitting here to entertain your ideas and suggestions.

"We are sitting here to entertain a petition where you are able to show infringement of any of your fundamental rights or constitutional provisions or any other legally enforceable rights", it further said. 

After some arguments, the Petitioner's counsel urged the court to allow him to withdraw his Petition.

The Bench added, "At least don't waste the court's time. We understand a situation where it is pending for years but the trial has not started yet."

The Petitioner's counsel stated that at least the trial should be concluded according to the legislative mandate and it is not happening. He also said that he needed "some assurance" from the Court that the trial will not be delayed. He referred to delay in various terror cases. To this, the Court said that the trial will conclude only when it commences and here that stage has not yet come.

During the hearing, the Additional Solicitor General (ASG), representing the Centre, submitted that the plea is misconceived and the Petitioner is not even aware that the Red Fort bomb blast case is no longer with Delhi Police but has been transferred to the National Investigation Agency (NIA).

The blast took place in a car near Red fort on November 10 this year that had claimed 15 lives. The plea said that an attack on the Red Fort is not an ordinary crime - it is an assault on the soul of India, on the Republic's living symbol of sovereignty where the nation reaffirms its constitutional identity every Independence Day. It read that the targeted nature of this terror act is designed to destabilise national morale, induce widespread fear and weaken the authority of the Republic. 

As per the Petition, the victims' families remain in complete darkness as they do not know why their loved ones were killed or which "forces" orchestrated the attack.

"Despite official assurances, only judicial supervision can guarantee that evidence is preserved, agencies cooperate, witnesses are protected, and the investigation aims not only at identifying the perpetrators but also at uncovering the purpose and intent behind the attack - information the victims are constitutionally entitled to", the plea read. 

With PTI Inputs