An accused in the 2006 Aurangabad Arms haul case has moved the Bombay High Court seeking a direction for the special Maharashtra Control of Organised Crime Act (MCOCA) court to conduct the trial on a daily basis and conclude it expeditiously.
Mohammed Shareef Shabbir Ahmed, in his petition filed through his lawyer Sushan Kunjuraman, said the arms haul case was numbered as MCOCA case number six in 2006 while the 2006 train blasts’ case was numbered 21 for the same year.
According to Ahmed, both cases were transferred to the court of Justice YD Shinde and advocate Raja Thakare was appointed as special public prosecutor for both cases. Ahmed said he along with another accused, Shaikh Abdul, filed an application in the MCOCA court in April 2010, seeking a speedy trial. All accused filed a common application for speedy trial and the ‘court assured to frame charges on August 13, 2010’, said the petition.
“On August 13, all accused, with their lawyers, appeared before the court expecting framing of charges but the court informed it is busy in the train blasts’ trial and cannot take their case for trial,” said the petition.
According to the petition, all accused have been in jail for more than four years without any progress in the trial. “The state of Maharashtra is exclusively responsible for the delay,” said the petition.
The petition said the judge and public prosecutor are preoccupied with the blasts’ case due to which the arms case has been ignored which ‘clearly shows gravest violation of Article 21 of the Constitution of India (Right to speedy or expeditious trial of an accused)’.
The petition seeks that either both cases be conducted simultaneously or have directions for the government to issue another notification on appointment of a new judge for trial and a new special public prosecutor.
The case is likely to come up on October 7.