Delhi Police today pleaded in a local court that charges under stringent Terrorist and Disruptive Activities (Prevention) Act (TADA) be framed against Lashkar-e-Toiba (LeT) bomb expert Abdul Karim Tunda in a case relating to recovery of explosives here in 1996.
The Special Cell of Delhi Police said this in its written submission filed before Additional Sessions Judge (ASJ) Bharat Parashar on framing of charges against Tunda, one of the 20 terrorists India had asked Pakistan to hand over after the 26/11 Mumbai attacks.
"Therefore, in the circumstances....This court may frame charges under sections 3 (3) and 5 of TADA along with section 5 of Explosive Substances Act read with 120-B (criminal conspiracy) IPC," the police said.
It also said a judgement passed by the designated trial court in November 1999, acquitting five arrested co-accused in the case on charges under the provisions of TADA, cannot be "held to be the exact interpretation of section 3 of TADA".
"It is submitted that in the light of the view expressed by the Supreme Court....The views expressed by designated court cannot be held to be the exact interpretation of section 3 of TADA. Hence, this court in the light of interpretation given by the Supreme Court may frame the charge under section 3 (3) of TADA Act against accused Abdul Karim Tunda," it said.
However, advocate M S Khan, who appeared for 72-year-old Tunda, countered the contentions saying the verdict of the designated court was not challenged by police before higher courts and thus it has attained finality.
"It is pertinent to mention herein that the said judgement of the designated court was not challenged and the same had attained the finality and the acquittal of the accused for the offences of conspiracy is in force and effect of the judgement is that prosecution could not establish criminal conspiracy and once the accused have been acquitted of the charges of criminal conspiracy, the accused Abdul Karim cannot be said to have conspired with them and as such no charges for the offences under section 3 (3) and 5 TADA are made out against the accused," Khan said in his written submission.
The court has fixed the matter for consideration on the charge on July 28.
