C.B.I. v. Karimullah Osan Khan
CRIMINAL APPEAL NO. 1127 OF 2009 JUDGEMENT on March 4, 2014.
The case, concerned with the legality of the order passed by the Designated Court under TADA (P) Act, 1987 for Bomb Blast Case, Greater Bombay, rejecting the application filed by the Central Bureau of Investigation (for short ‘CBI’) under Section 216 of the Code of Criminal Procedure (for short ‘CrPC’) for addition of the charges punishable under Section 302 and other charges under the Indian Penal Code (for short ‘IPC’) and the Explosives Act read with Section 120-B IPC and also under Section 3(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short ‘TADA Act’).The city of Mumbai and its surrounding areas witnessed a series of bomb blasts on 12.3.1993, whereby 257 persons were killed, 713 persons got injured and extensive damage to properties worth approximately Rs.27 crores was caused. The State Police registered 27 criminal cases. CBI, later, submitted supplementary reports before the Designated Court where the involvement of the respondent accused, by name Karimullah Osan Khan, was disclosed and efforts were made to arrest him. Looking into all the other aspects, the SC deemed it to be a fit case where the Court ought to have exercised its powers under Section 216 CrPC and allowed the application dated 26.12.2009 filed by CBI for alteration of charge. The application preferred by CBI under Section 216 CrPC would stand allowed and the Designated Court is directed to further proceed with the case in accordance with law...read more