Malegaon Blast: Bombay High Court directs NIA Court to give fortnightly reports on progress of trial

The Bombay High Court on Wednesday directed the special court under the National Investigation Agency Act to submit a report to the High Court on a fortnightly basis regarding the progress of the trial in the Malegaon Blast case [Sameer Kulkarni v. National Investigation Agency & Ors.]..A bench of Justices Revati Mohite Dere and VG Bisht also asked the National Investigation Agency (NIA) to ensure that atleast two witness are kept present in court for examination in the trial which is progressing on a day to day basis as directed by the High Court.“We will keep it after 3 weeks. We have called for a fortnightly report to examine how the witnesses are being examined. We will also see from the Roznama to see how witnesses are being examined on a day to day basis. We will know who is taking time, why is the trial being adjourned and if warrant has been issued against witnesses or not,” the Bench recorded.The order came was passed in a petition filed by one of the accused, Sameer Kulkarni, who raised grievance that the trial had been unduly delayed and that relevant witnesses are left to be examined after 14 years of the blast.Kulkarni claimed that despite previous orders of the High Court and Supreme Court directing speedy trial, it was progressing in a tardy manner.The Bench had on the previous date called for a report from the special court.The report submitted in a sealed envelope stated that after the new trial court judge had taken charge on June 6 this year, 12 witnesses had been examined.The judge also stated that the trial was progressing on a day to day basis as was directed.The agency also submitted an additional affidavit which stated that out of 495 witnesses, the court had examined 256 witnesses with 218 witnesses yet to be examined..After considering the report, the Bench directed the special NIA judge to submit a fortnightly report giving progress of the trial.The Court also asked NIA counsel advocate Sandesh Patil to submit the roznama (record of the daily proceedings) of a month in order to monitor how the progress of the trial..Kulkarni, appearing in person, informed the Court that in the event a witness does not turn for examination, there is no back-up witness arranged by the NIA.“They call for one witness, and when no one turns up, then there is no backup. The witnesses figure are not proper and true and there is discrepancy in the figures submitted to the lower court and in High Court. The affidavit is filed by a Superintendent who has never opened the chargesheet. The figures even otherwise, are a proof of their recklessness. If the witness is not present, and the judge doesn’t penalise, how will it look in the society?” Kulkarni argued..While the Bench maintained that it could not dictate the trial court judge as to how and in what manner the examination and trial should be held, it expressed concern that the agency was calling for only one witness on one day.“If witness cannot remain present, doesn’t court issue warrant? You have to ensure that more than one witness remains present. If one witness is arranged for, and for some reason, that witness cannot remain present in court, then what happens? Judicial time is wasted,” Justice Dere stated..Patil assured the High Court that NIA will make all endeavours to ensure that more than one witness is present in court for examination.The matter will be heard next on August 1, 2022..[Read order]