Undertrials accuse Delhi trial court judge of communal bias

By Mumtaz Alam Falahi, TwoCircles.net,

New Delhi: Three undertrials lodged in Tihar Central Jail have in an affidavit alleged that the Delhi district court judge who is hearing their case, has shown communal bias and used objectionable remarks against them during the proceedings. They said they have lost hope of justice from the court as the judge seems to have reached conclusion even before the conclusion of the trial.


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In affidavits separately filed in the court of District & Sessions Judge G P Mittal, the accused said: The attitude and conduct of the Ld. Presiding Officer is biased and before conclusion of the trial, the Ld. Presiding Officer has reached the conclusion that we are guilty as on number of times, the Ld. Presiding officers has passed remarks which are absolutely unwarranted.

In the affidavits, the undertrials have mentioned some remarks of the learned judge. At one occasion, they alleged, the judge told the accused that they were Ajmal Kasab’s brother and they were all of the same clan.



“Ld. Presiding Officer passed remarks by addressing all of us ‘That Ajmal Kasab is your brother. You all are of the same clan but now you are not owning him,” the affidavits read.

According to the affidavits filed on November 3, two accused — Shafaquat Iqbal @ Iqbal S\o Abdul Gani and Shabbir Ahmed S\o Mohd. Shafi – are from Doda district in Jammu and Kashmir while Mohd. Hassan @ Abu Qasim S\o Mohd. Hussain is from Punjab province in Pakistan

All lodged in the Tihar Central Jail are facing trial under IPC Sections 121,122,123 etc and Section 4\5 of Explosive Substance Act. Their case is pending with an additional sessions court of Delhi. They were detained under the FIR No 28/07 by Special Cell.

The accused have also made a serious allegation that the judge once told them that they were lucky to be in jail otherwise they would have been killed.

“On one occasion, the Ld. Presiding Officer has said that “You are lucky being inside jail otherwise you would have been dead,” they said.

In view of these incidents, the accused said, they have lost faith in the court.

“In view of the biased and prejudiced attitude of the Ld. Trial Court, we have no faith in it and we are hopeful that we will not be getting justice as the Ld. Trial court has reached the conclusion that we are guilty before the conclusion of the trial.”

[Photo: www.merinews.com]

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