The Punjab and Haryana high court has directed that status quo be maintained on the seized material found at Samjhauta blasts site, which the National Investigation Agency(NIA) wanted to unseal for comparison with the material recovered from blast sites at Ajmer, Modasa, Malegaon and Mecca Masjid.
The division bench headed by justice SS Saron issued the directions on a petition filed by the accused, Swami Aseemanand, challenging orders of Special Judge (NIA), Panchkula dated August 17. As per the orders NIA was allowed permission to unseal the seized material of the case on August 21 and 22 at NIA camp office, Panchkula in the presence of counsels for the accused and after comparision to reseal the same.
The bench, on Friday, also issued notice of motion to the union government so as to submit its reply before August 24.
Aseemanand in his petition mentioned that the application now filed by the investigating agency is a clear cut case of creating evidence against him under garb of request for comparing the same with the material involved in other bomb blasts. Showing no trust in the intentions of the prosecution agency to carry out the act of de-sealing and re-sealing of the material, Aseemanand stated that he apprehends that the tampering and/or replacement of objects might take place, with a view to further falsely implicate him and the other appellant.
The material was seized during investigation of the case and is presently available in the Malkhana of NIA Camp office, Panchkula. NIA had submitted before the Special Judge (NIA), Panchkula that apart from the instant case, NIA is investigating some other bomb blast cases. It was submitted that to unearth the entire larger conspiracy of blast cases, comparison of improvised explosive devices(IEDs) as well as other material object of this case with the IEDs and other exhibits of other cases is required to be done by a team of experts from Central Forensic Science Laboratory (CFSL), Hyderabad.