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Two alleged Sikh militants, sent back to India in 2000 after serving a life term in Pakistan for hijacking an Air India plane to that country in 1981, have moved a Delhi court seeking stay of a fresh trial against them here for the same offence.

The two, in their plea to Additional Chief Metropolitan Magistrate Sameer Bajpai has said the trial in the case be stayed as the matter is pending before the Delhi High Court, which on April 8 will decide their plea for quashing the FIR.

Tejinder Pal Singh and Satnam Singh had approached the Delhi High Court in November for quashing of the FIR against them and also the trial court’s August 30 order, which took cognisance of the supplementary charge sheet.

The court fixed January 22, 2013 to take up their pleas.

The court said “At this stage, an application for stay of proceedings against the two accused Tejinder and Satnam has been moved. Put up for consideration on January 22.”

After the two along with Gajender Singh, Karan Singh Kini and Jasbir Singh Jima, who are also facing trial in the case, failed to appear before the court on issuance of non-bailable warrants, the court had ordered initiation of proceedings under section 82 of the Code of Criminal Proceedings (CrPC) to declare the five as proclaimed offender.

Under section 82 of the CrPC if the court has a reason to believe that the accused is absconding or concealing himself, it orders the prosecution to publish notice about the accused or publicly announce or affix information about them near their house or public places for making them appear in court.

The case against the five dates back to September 29, 1981 when they had allegedly hijacked an Air India plane from New Delhi to Srinagar and forced it to land in Pakistan, where they were arrested and put on trial and sentenced to life imprisonment.



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