The Delhi High Court on Tuesday sought replies from the Delhi Government and the Delhi Police on a petition by senior journalist Syed Mohammad Ahmad Kazmi seeking remand back of the Israeli diplomat attack case of 2012 against him to the same Additional Sessions Judge at the Tis Hazari courts from where it has been transferred to the Chief Metropolitan Magistrate (CMM) of the Patiala House courts.
The Delhi Government through a notification on September 12 has transferred all the cases registered under the Unlawful Activities (Prevention) Act (UAPA) either to the CMM or to an Additional Sessions Judge at the Patiala House courts as per their stage of proceedings.
Seeking quashing of the notification, counsel for Kazmi, Mehmood Pracha, argued that the transfer of the UAPA case to the CMM court was against the Supreme Court ruling.
He said that the Government had transferred these cases from the Tis Hazari courts to the Patiala House courts on a request by the Delhi Police Special Cell that there were security concerns at the Tis Hazari courts.
He sought shifting of his client’s case to the earlier court at the Tis Hazari courts arguing that the argument on charge had been concluded. He alleged that the prosecution had adopted delaying tactics in the case.
Another relief which Mr. Pracha sought from a Division Bench of Justice Pradeep Nandrajog and Justice V.K. Rao was a direction to appoint more judges at the Patiala House courts for speedy hearing of these cases as all the post charge sheet UAPA cases had been transferred to a single Additional Sessions there. He further submitted that saddling all the transferred cases to a single judge would delay the trial.
The Bench asked the respondents to take instructions and respond to the petition by Friday.