A Supreme Court bench was split over granting bail to 2008 Bangalore blast accused Abdul Naseer Madani following which the matter was referred to the Chief Justice of India SH Kapadia for the constitution of a new bench.
Justice Markandeya Katju, heading the bench, accepted the contention of Madani’s counsel, senior advocate Shanti Bhushan that there was no sufficient material against him and favoured his release on bail. The other bench member justice Gyan Sudha Misra, however, disagreed with his opinion.
The judge said she had “strong reservations” against Madani’s release in view of the “serious allegations against the accused that impinged upon national security.” She told Bhushan to “satisfy the court’s conscience” that Madani was innocent despite sufficient material placed by Karnataka government to prove his involvement in the blast.
Justice Misra openly denounced justice Katju and Bhushan’s opinion that the “Indian police machinery” had the tendency to implicate innocent persons in criminal cases. “If that is the case we better change the CrPC that no person shall be arrested and put in jail until he or she is convicted,” she said.
Madani is at present lodged in Karnataka jail and is in judicial custody for his alleged involvement in the Bangalore serial bomb blast and similar incidents in Ahmedabad, Surat and Jaipur. Two persons were killed and 20 injured when the blasts rocked the cyber city at nine locations in 2008.
Madani has sought bail on medical ground and claimed to be suffering from various ailments. He moved SC after the Karnataka high court rejected his bail plea on February 11.