‘It’s an essay, not a petition’: HC junks plea calling for supervision of probe in Red Fort blast case

The High Court observed that the trial had not commenced at all, and that a petition based purely on presumption could not warrant intervention.

The mere apprehension of delay in a trial that has not yet begun cannot justify judicial supervision, the Delhi High Court said on Wednesday as it declined to entertain a petition seeking the appointment of a committee to monitor the Red Fort blast trial and ensure its completion within six months.

The court added that a future possibility of delay could not be treated as an existing violation. (ANI)

A bench of chief justice DK Upadhyay and justice Tushar Rao Gedela was hearing a petition filed by former MLA Pankaj Pushkar, who argued that the December 2000 Red Fort blast case had taken seven years to conclude at the trial court stage, and that similar delays “were likely this time” as well.

The Centre, represented by additional solicitor general Chetan Sharma, opposed the plea, noting that the case had already been transferred to the National Investigation Agency (NIA) and would be conducted under the procedures laid out in the Unlawful Activities (Prevention) Act. The high court, however, observed that the trial in the present case had not commenced at all, and that a petition based purely on presumption could not warrant intervention. Terming the petition a “good piece of essay,” the bench said it was not inclined to issue any direction.

“What is this? Are we going to sit and monitor what happens in the trial? It has not yet started and you are asking us to monitor it,” the bench remarked. “We understand if a matter is pending for years and the accused are prejudiced. This trial is yet to start. We’re not going to get into it. It’s a very good piece of essay, not a writ petition.”

The court added that a future possibility of delay could not be treated as an existing violation. “Something which is yet to commence cannot be said to have failed. The apprehension that the trial will be delayed is only an apprehension as of today… A trial which has not yet started cannot be said to have a delayed trial.”

The court asked the petitioner whether it should dismiss the plea with a detailed judgment or permit withdrawal. The petitioner’s counsel opted to withdraw, and the court allowed it.

At least 12 people were killed on November 10 when a car laden with explosives, driven by a doctor allegedly part of a “white-collar terror module,” detonated near Red Fort. Investigators say the module had amassed nearly 2,900kg of explosive substances in rented rooms across Faridabad and Nuh. NIA and other agencies have arrested at least eight people, including several doctors, in the ongoing probe.