Waquar Hasan | Clarion India
NEW DELHI — Acquitting all four accused in the 2008 Jaipur serial blasts case, the Rajasthan High Court has directed the state’s Director General of Police (DGP) to initiate disciplinary proceedings against erring officers of the investigation team. The court held that these officers indulged in fabrications and manipulations during the course of their investigation.
On Wednesday, a bench of Justice Pankaj Bhandari and Justice Sameer Jain overturned the trial court’s death sentence accorded to four Muslim accused — Mohammad Saif (32), Mohammad Sarvar (36), Saif-Ur-Rahman (36), and Salman (34).
The high court has come down heavily on the investigation conducted by the police and other agencies describing it as “not fair”, “shoddy” and “botched”.
In the judgement, Justice Bhandari observed: “It appears that nefarious means were employed by the investigating agencies, material witnesses required to unfold the events were withheld and apparent manipulations and fabrications have been done during the investigation. We, therefore, deem it proper, in the interest of society, justice and morality, to direct the Director General of Police, Rajasthan, to initiate appropriate inquiry/disciplinary proceedings against the erring officers of the investigating team.”
While issuing directives to release all four accused, the court asked them to furnish a personal bond of Rs 5 lakh and a surety bond within two weeks from the date of release.
The court noted that the prosecution has failed to establish that the accused accompanied an unknown person to Jaipur under false Hindu names. The unknown person planted the cycle near Maniharo Ka Khanda and Tripolia Bazaar and left by Ajmer Shatabdi Train the same day.
On the charges of conspiracy, Justice Bhandari observed: “It is to be noted that no evidence has been adduced to establish that Mohammad Saif, Saif-Ur-Rahman, Salman and Sarvar Azmi were known to each other or there was any meeting of minds before the bomb blasts. The prosecution has been unable to establish either an agreement to do an illegal act or a concerted action to cause an illegal act.
On the question of whether Mohammad Salman and other accused along with an unknown person conspired to plant a bomb at Maniharo Ka Khanda, Tripolia Bazaar, he said: “The prosecution has not adduced any evidence to establish as to who was the person who had planted the bombs at Maniharo Ka Khanda, Tripolia Bazaar, Jaipur. The prosecution has also not adduced any evidence as to from where the cycle was purchased and who was the seller of the cycle. A period of 15 years has lapsed since the blasts took place and to date, the prosecution is groping in the dark as to the person who had planted the bombs”.
Justice Bhandari cited an statement made by the investigating officer, Sanjay Singh Ranawat, saying that there was no evidence to show that all these accused carried out bomb blasts except for the confessional statement made by one accused Mohammed Saif.
Justice Jain concurred with Justice Bhandari’s observations in asking the DGP to initiate inquiry and proceedings against erring officers of the investigation team.
“This case is a classic example of institutional failure resulting in a botched/flawed/shoddy investigation. We fear this isn’t the first case to suffer due to the failure of investigation agencies and if things are allowed to continue the way they are, this certainly won’t be the last case in which the administration of justice is affected due to shoddy investigation,” observed Justice Jain.
“We hold that the Investigation Agency in the given case should be made responsible/accountable for their negligent, cursory and inefficient actions,” he added.
Justice Jain said the police/investigation agency is expected to perform its duty in a “very cautious, sincere, devoted, diligent manner in accordance with law as per the statutory mandate and in accordance with a settled position of law. It is the duty of the police/investigation agency to secure and record the complete evidence, to investigate in a sincere manner, to identify the culprits/accused, frame charges and assist the prosecution.” However, the judge said, in the instant case, the investigation agency utterly failed to do so.
“This court has no hesitation to hold that the investigation was flawed, shoddy and there were lapses on the part of the investigation team”, Justice Jain said.
