Bombay HC Rejects Petition Filed For Accused In 26/11 Terror Attack

Bombay HC Rejects Petition Filed For Accused In 26/11 Terror Attack 2/14/2009 Bombay high court rejected the petition, filed by a city-based advocate on behalf of Fahim Ansari and Sabahudin Ahmed, both accused in connection with the 26/11 terror attack in the city, seeking directions to transfer the case to CBI and alleging that the arrest of his clients in the case was illegal. Justice Bilal Nazki and Justice A V Mohtta, while rejecting the plea on technical grounds in their order, held that the petition has been filed on behalf of the accused, but the accused did not come before the court and therefore the court cannot hear such a matter where the aggrieved party is not before the court. Advocate Ejaz Naqvi has filed the petition on their behalf and objected their custody on the grounds that both of them were brought from the Jail of Uttar Pradesh and are presently facing the investigation of Mumbai terror attack and according to law an accused cannot be tried in two different cases in different states. He said it amounts to double jeopardy. Mr Naqvi said that both of them are at present in judicial custody in the Uttar Pradesh case and here they are in police custody, which is illegal. Citing that the accused were interrogated by US-based Federal Bureau of Investigation (FBI), he questioned, ‘How can we give access to a foreign investigating agency for probing the offence committed in our country.’ Mr Naqvi, in his petition, said that the terror attack occurred in November and at that time both were lodged in the Uttar Pradesh jail. UNI

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