Justices MM Sundresh and Satish Chandra Sharma passed the interim direction on a petition filed by Syed Sarwar Chishty, Khadim of Dargah Sharif, represented by APCR
NEW DELHI — The Supreme Court recently directed the Rajasthan High Court to decide the appeals filed by the victim in the 2007 Ajmer Sharif Dargah blast case, challenging the acquittals of some accused, on merits, regardless of the delay in the filing of the appeals.
A bench comprising Justices MM Sundresh and Satish Chandra Sharma passed the interim direction on a petition filed by Syed Sarwar Chishty, Khadim of Dargah Sharif, represented by the Association for Protection of Civil Rights (APCR).
APCR is a prominent non-profit, advocacy group founded in 2006, comprising lawyers, activists, and volunteers working to advance human rights, provide free legal aid, and challenge injustices like mob violence, hate crimes, and discriminatory laws in India. The group offers legal services, conduct awareness programmes, and publish reports, focusing on marginalised communities.
APCR’s legal team comprising Senior Advocate Abhay Mahadeo Thipsay, advocates Sowjhanya Shankaran, Siddharth Satija, and M Huzaifa approached the Supreme Court on the issue that a rigid bar on condonation of delay in NIA appeals violates Articles 14 and 21 of the Constitution, particularly the fundamental right to appeal, access to justice, and the rights of victims in terror-related prosecutions.
The criminal appeal was against the acquittal of seven accused persons namely Lokesh Sharma, Chandrashekhar Leve, Mukesh Vasani, Harshad @ Munna, Naba Kumar Sarkar @ Swami Aseemanand, Mafat @ Mehul, Bharat Mohanlal Rateshwar in the 2007 blast case. While the NIA Special Court in Jaipur convicted two persons namely Bhavesh Patel and Devendra Gupta in 2017 with life imprisonment, the complainant’s appeal challenging the acquittals and lesser punishment for the convicts was dismissed. The Rajasthan High Court in 2022 taking a narrow view, dismissed the appeal on technical ground that the delay beyond 90 days could not be condoned under Section 21(5) of the National Investigation Agency Act, 2008 after keeping it pending for five years.
The Supreme Court last month issued notice to the State of Rajasthan, on the petitioner’s plea. The apex court’s present direction reinforces this position by explicitly asking the high court to proceed with the appeal on merits, notwithstanding the delay or prior dismissals.
APCR regards this development as a significant reaffirmation of the principle that access to justice and the right to appeal cannot be foreclosed on procedural technicalities, particularly in cases involving loss of life and serious offences, a press release issued here on Friday said.
