Supreme Court sounds alarm: urgent trials for terror attacks vital to safeguard national security

Supreme Court sounds alarm: urgent trials for terror attacks vital to safeguard national security

The Supreme Court of India emphasized the critical need for expeditious trials in terror attack cases, citing the compromise of national security due to delays. The court's decision came in the case of the 1996 Lajpat Nagar bomb blast, where four Jammu and Kashmir Islamic Front (JKIF) militants were convicted. While the court recognized the severity of the attack and the involvement of the accused in planning future blasts, it considered the significant time elapsed since the incident and the subsequent delay in the trial as mitigating factors in not awarding the death penalty.

The bench, comprising Justices BR Gavai, Vikram Nath, and Sanjay Karol, upheld the conviction of two accused and overturned the ruling of the Delhi High Court that had discharged two others due to insufficient evidence. The apex court sentenced all four militants to life imprisonment without the possibility of remission, extending until the end of their natural lives, which amounted to 27 years after the bombing.

Expressing disapproval over the prolonged duration of the trial, Justice Karol, who authored the judgment, noted that it took over a decade for the trial to conclude. He pointed out that the delay, regardless of the reasons attributable to the judge or the prosecution, had compromised national interest. Stressing the urgency of deciding such cases promptly, especially those concerning national security and the safety of the common man, Justice Karol remarked that the investigating and judicial authorities had not displayed sufficient vigilance. He expressed dismay at the lack of promptitude and attention given to an attack on a prominent market in the heart of the capital city, suggesting the possible involvement of influential persons. He emphasized that the matter should have been handled urgently and with sensitivity at all levels.

Although the Supreme Court allowed the government's appeals by special leave, it declined to reinstate the death sentences originally granted by the trial court, despite categorizing the case as falling within the "rarest of rare" category. Instead, the bench substituted the capital punishment with whole-life sentences, considering the presence of mitigating circumstances. The court concluded by stating that all the accused individuals, due to the severity of their offense and their respective roles, would be sentenced to life imprisonment without the possibility of remission. The accused individuals currently on bail were directed to surrender immediately, with their bail bonds being canceled.

The case details are as follows:

  1. Mohd Naushad v. State (Govt. of NCT of Delhi) | Criminal Appeal No. 1269 of 2013
  2. Javed Ahmed Khan v. State (Govt. of NCT of Delhi) | Criminal Appeal No. 1270-71 of 2013
  3. State (Govt. of NCT of Delhi) v. Mohd Naushad & Ors. | Special Leave Petition (Criminal) Nos. 6447-6451 of 2013

Click here to read the judgment

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