The Delhi Police have moved the Supreme Court against the discharge of top Lashkar-e-Taiba bomb expert Abdul Karim Tunda — one of the 20 terrorists India had asked Pakistan to hand over after the 26/11 Mumbai attack — in a case lodged against him in 1994 under the stringent Terrorist and Disruptive Activities (Prevention) Act (TADA).
Additional sessions judge Neena Krishna Bansal had on March 10, 2015, let off Tunda after concluding that there was not enough evidence to continue the trial against him. The 73-year-old’s confession before the police was not sufficient to prove the charges, the court had held.
The police have contested the trial court’s findings and said under TADA — now repealed — confession made by an accused before a police officer is treated as substantive prosecution evidence. It claimed the trial court had failed to consider the statements given by Tunda’s accomplices nailing him.
Terming the discharge as bad in law, the police have heavily relied in their appeal on a psycho-profiling test that was conducted on Tunda after he was arrested. He was detained from the Indo-Nepal border on August 16, 2013.
According to the police, the report revealed that he was involved in ‘jihadi’ activities under the name of preaching Islam. “His memory recalled the intricate details of his earlier days… He gave details about terrorists who have either been killed or captured,” stated the appeal, which is likely to come up for hearing on January 8.
Tunda’s name figured in the list of accused after the police nabbed his brother and accomplice from Hauz Rani area in South Delhi on January 17, 1994. Three bags of explosives were also recovered from his brother’s shop in the same area. The police claimed Tunda and his accomplices had arranged for the ammunition as part of their conspiracy to carry out series of explosions in various trains before the Republic Day celebrations.
The police appeal stated Tunda was the main conspirator and the court should have formed a final opinion only after letting the prosecution present the incriminating evidence during the trial.