Case Note & Summary
The case involved the legality of an order passed by the Designated Court under the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA Act) rejecting the CBI's application for adding charges against the respondent accused, Karimullah Osan Khan, in connection with the 1993 Bombay bomb blasts. The blasts resulted in 257 deaths and extensive property damage, leading to multiple criminal cases. The investigation was initially conducted by the State Police and later transferred to the CBI, which identified the respondent as a key conspirator. After being absconding for 15 years, he was arrested in 2008 and confessed to his involvement in the conspiracy. The CBI sought to add charges under Section 302 IPC and other relevant sections, but the Designated Court denied the application, citing insufficient evidence and procedural delays. The Supreme Court examined the scope of Section 216 CrPC, which allows for alteration of charges before judgment. The Court found that the Designated Court had erred in its reasoning and that sufficient material existed to warrant the alteration of charges. The Supreme Court allowed the appeal, set aside the lower court's order, and directed the Designated Court to proceed with the case in accordance with law.
Headnote
A) Criminal Procedure - Alteration of Charges - Scope of Section 216 CrPC - Court's power to alter or add charges is broad and can be exercised at any time before judgment is pronounced, provided it does not prejudice the accused. The Designated Court failed to appreciate the material available for altering the charges against the respondent accused, who had been absconding for 15 years, and the application for alteration was wrongly rejected. Held that the application should have been allowed (Paras 18-18).
Issue of Consideration
Whether the Designated Court erred in rejecting the CBI's application for alteration of charges under Section 216 of the Code of Criminal Procedure.
Final Decision
The Supreme Court allowed the appeal, set aside the Designated Court's order rejecting the CBI's application for alteration of charges, and directed the Designated Court to proceed with the case in accordance with law.
Law Points
- Alteration of charges
- Criminal conspiracy
- Terrorist activities
- TADA Act
- Code of Criminal Procedure
- 1973
