NHRC’s letter:Court orders relook into inmate’s death

A Delhi court has ordered a fresh inquest into a prison inmate’s death after National Human Rights Commission(NHRC) raised questions about the diagnosis of the victim’s ailment. Chief Metropolitan Magistrate Vinod Yadav directed a magisterial court, which had conducted the inquest into Rohini jail inmate Om Prakash’s death, to report if proper diagnosis with respect to his ailment was carried out and if a proper treatment was provided to him.

 “Let a copy of inquest proceedings along with a copy of NHRC letter be sent to the magisterial court with direction to file its report inter alia, specifying therein if proper diagnosis in respect of ailment of Om Prakash was carried out and the treatment provided,” the CMM said while calling for report on July 16.

He also said the metropolitan magistrate, looking into the matter, “is at liberty to seek the opinion of the doctor concerned and is even authorised to visit the hospital for his report.” The CMM gave the directions on the June 12 letter from NHRC asking his comments on the matter.

 Facing trial for various offences under IPC including culpable homicide, Om Prakash was lodged in Rohini jail.

 The NHRC letter said, “The death summary of the deceased submitted by the medical officer/in-charge, district jail, Rohini reveals that deceased had on September 3, 2009 and September 17, 2009 made complaints of chest pain and gave history of chest pain for last two years.”

The NHRC said it is not apparent from record if proper diagnosis was carried out and proper treatment was provided to the patient during his stay in jail between March 22, 2009 and September 29, 2009 and that the magisterial enquiry report did not consider this aspect.

Israeli diplomat attack: Kazmi seeks bail

Syed Mohammad Kazmi, the chief accused of Israeli diplomat attack, arrested for his alleged role in a terror attack on an Israeli diplomat here, today moved a court here seeking bail on the ground that Delhi Police have got the probe period extended in a “malafide and calculated move”.

  In his application before Chief Metropolitan Magistrate Vinod Yadav, Kazmi said “the investigating agency has failed to file the chargesheet as mandated by section 167 (2) CrPC (according to which on expiry of period of 90 days, the accused shall be released on bail).

  The court has directed the Investigation Officer to report on July 17.

  Kazmi said “the investigating agency with malafide and calculated move to overreach the ambit and protection given under section 167 CrPC to the accused to get the bail after furnishing bail bonds has filed an application seeking extension of period of investigation for a further period of 90 days.”

  “Surprisingly, neither the notice of the said application (of Delhi Police for extension of probe period) nor the report as mentioned in the order, filed by the public prosecutor in terms of section 43D of Unlawful Activities Prevention Act was served upon the counsel of the accused in person.

  “The order dated June 2 as passed on the said application for extension of period of time for investigation is unsustainable being contrary to the settled law, without jurisdiction and does not per se extend the time for filing the chargesheet and the chargesheet admittedly has not been filed as yet and the time of 90 days as contemplated for filing chargesheet stands expired,” he said in the application filed through his counsel.

  Kazmi was arrested by Special Cell of Delhi Police on March 6 in Israeli diplomat attack. He completed 90 days in custody on June 5. The police, however, did not file the chargesheet saying it is still investigating the matter.

  It then sought extension of probe period by 90 days, which was allowed by the CMM on June 2 in Israeli diplomat attack.

  Earlier, on April 3, the CMM had refused him bail saying there was prima-facie evidence of his involvement in the terror strike on the Israeli diplomat attack case.

Israeli diplomat case: Accused journalist moves court

Syed Mohammad Kazmi, a journalist who is an accused in the February 13 terror attack on an Israeli diplomat case, today moved the Delhi high Court seeking a direction to resume hearing before a sessions judge on his plea against extension of probe period in the case.

 Kazmi, in judicial custody in the Israeli diplomat case, had moved the sessions court against an order of the Chief Metropolitan Magistrate (CMM) allowing Delhi police the extension of period of investigation from 90 days to 180 days.

 Justice Manmohan has fixed further hearing on the fresh plea of Kazmi on July 13.

Earlier, the High Court had said that till it decides the question of law relating to power of magistrates to deal with cases lodged under the Unlawful Activities Prevention Act (UAPA), the court of CMM will keep on dealing with such cases.

 The Israeli diplomat case had come before the High Court after a sessions judge questioned the power of a magisterial court to deal with the cases under anti-terror law UAPA.

 The jailed scribe, in his fresh plea in the High Court, has sought a direction for resumption of hearing before a sessions court on his revision petition filed against the extension of time granted to police to conclude the probe.

 “The order dated July 2 may be modified to the extent that the proceedings in the criminal revision before S S Rathi (sessions judge) be allowed to continue on other issues apart from the competence of the CMM to grant/extend the custody in the said matter,” the petition said.

 Kazmi was arrested on March 6 for his alleged role in the embassy car bombing. Four people were injured when an Israeli embassy car was struck by a bomb near the Prime Minister’s official residence here on February 13 this year.

Court admits CBI plea to extradite Warren Anderson

A Delhi court Wednesday allowed a Central Bureau of Investigation (CBI) plea seeking extradition of US-based former Union Carbide chief Warren Anderson for the 1984 Bhopal gas disaster.

Chief Metropolitan Magistrate (CMM) Vinod Yadav said everyone in India wants Anderson, 90, to be extradited for world’s biggest environmental disaster.

“Why should (the) plea not be allowed as from 1992 till 2010 the CBI was regularly trying to extradite Anderson. This relates to sentiments of thousands of victim’s families,” he said.

“The CBI was not sleeping over the matter of bringing Anderson to India,” he added.

In its 33-page application, the CBI has demanded that extradition proceedings against Anderson should begin.

“There is prima facie finding of the trial court that a criminal case is made out against Anderson,” the CBI said.

It said that Anderson had full knowledge about the defective design and structure of the UCC pesticide plant and its poor safety measures that led to the leak of toxic gas on the night of Dec 2-3, 1984.

The Bhopal tragedy, the world’s worst industrial disaster, instantly killed thousands and many thousands more in the years to come.

Arrested Dec 7, 1984, Anderson was granted bail by a Bhopal court. He flew back to the US and never returned to India to stand trial.

He was declared a proclaimed offender by the court of the Bhopal chief judicial magistrate in 1993.