IM conspiracy case: HC lifts stay on trial, asks state to complete within yr

MUMBAI: The Bombay high court has vacated the stay on the trial of the Indian Mujahedeen (IM) conspiracy case, after the state informed HC that a special court had been constituted under the Unlawful Activities (Prevention) Act (UAPA). The special court has been constituted under section 22(1) of the National Investigation Agency (NIA) Act, the state told the court.

While allowing the lifting of the stay, the bench of justices S S Shinde and Mridula Bhatkar directed the state to ensure that the case would be tried and concluded within a year.

The IM had claimed responsibility for bomb blasts that took place in 2008 at Gujarat through emails. The Mumbai crime branch had arrested 23 persons in September 2008 with regard to the emails and registered a separate case. The stay had been ordered by the high court after the Maharashtra Control of Organised Crime Act (MCOCA) court refused to try the case as it had been registered under provisions of the UAPA act.

The court said that as the crime against the accused did not come under the MCOCA act, charges would be dropped and reverted the case to the sessions court in 2015.

Advocate Sharif Shaikh, appearing for the accused, pointed stated while MCOCA was a state act, schedule offences under provisions of UAPA came under the NIA Act.

The state approached Bombay HC seeking a stay on the case so that charges would not be dropped. In its application, the state sought time to enable it to constitute a special UAPA court.