SC refuses CBI probe into Nanded, Malegaon blasts

New Delhi: The Supreme Court on Friday refused to entertain a PIL filed by Jamiat-Ulama-i-Hind president Maulana Arshad Madani seeking a CBI probe into the alleged involvement of Hindu fundamentalists in the 2006 Nanded blasts and the one in Malegaon this year. Claiming that several innocent Muslim youth were arrested by police, Madani alleged that it reflected a pre-determined mindset of police in targeting Muslims in all bomb blast incidents and slapping stringent anti-terror law charges against them. Without going into the merits of the allegations, a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam questioned the locus standi of the petitioner and rejected the demand for a CBI probe saying the ongoing probe appeared to be on track. When the counsel for the petitioner repeatedly argued that the “suspicion appears to be against one single community and everyone accuses a particular community”, the Bench said the PIL did not point out a single lacuna in the recent investigations. Sensing impending dismissal of the PIL, the petitioner withdrew it. The court was also not interested in Madani’s plea for a judicial commission to be set up to bring to book those responsible for attempting to destroy the secular fabric of India by resorting to one-sided action against the Muslim community. The PIL, filed through advocate Anis Suhrawardy said, “The recent disclosure by one of the accused that he had trained more than 500 people was disturbing to say the least. The involvement of retired as well as serving officers of the Army and Air Force has posed a question mark on the secular character of the defence forces.” It added, “The Malegaon blast has given altogether a new dimension of terrorism by Hindu fundamentalists for creating disturbances, defaming Muslims and destroying the secular fabric of the nation.” Death due to unhygienic jail condition amounts to custodial death: SC In a warning to prison authorities and the police, the Supreme Court has ruled that death of a detained person due to unhygienic conditions in jail would make officials liable to prosecution for custodial death. The ruling is significant because till now, custodial death charge used to be fastened on police or other authorities only if there was torture or physical assault on the detained person leading to his death. The ruling came on a petition filed by one Indu Jain and Madhya Pradesh government, both challenging the High Court verdict acquitting officials of custodial death charges. It was alleged that officials attached to Lokayukta had arrested one R K Jain on bribery charges and put him, a known asthma patient, in an unused room that had no ventilation. Jain had an asthma attack due to the dust in the cob-webbed room and he was rushed to hospital the next day in a state of coma. Later, he died.

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