Case Note & Summary
The appellant, Adnan Bilal Mulla, was accused no.15 in POTA Special Case No. 2 of 2003, arising from three bomb blasts in Mumbai Central (6/12/2003), Vile-Parle (27/1/2003), and Mulund (13/3/2003). He was initially wanted in C.R. No. 25 of 2003 for obstructing police during an arrest operation. He surrendered on 5/5/2003 and was produced before the Special Court on 10/6/2003. His first bail application was rejected by the Special Court on 18/1/2005, and his appeal to the High Court was dismissed on 24/2/2006. He then obtained additional information under the Right to Information Act on 23/5/2007 and filed a fresh bail application on 5/6/2007. He also filed a writ petition alleging illegal detention, leading to a judicial inquiry by the Principal Sessions Judge, who submitted a report on 8/7/2008. The Special Court rejected the second bail application on 9/10/2008. The appellant appealed under Section 34 of POTA. The High Court heard the appeal and dismissed it, holding that the fresh material did not constitute a change in circumstances and the judicial inquiry report did not support the bail claim. The court found no merit in the appeal.
Headnote
A) Criminal Law - Bail under POTA - Section 34 Prevention of Terrorism Act, 2002 - Change in Circumstances - The appellant, accused no.15 in POTA Special Case No. 2 of 2003, sought bail on grounds of illegal detention and fresh material from RTI. The court held that the earlier bail rejection was confirmed by the High Court and the fresh material did not constitute a change in circumstances warranting bail. (Paras 1-4) B) Criminal Procedure - Illegal Detention - Judicial Inquiry - The appellant alleged illegal detention from 5/5/2003 to 9/6/2003. The High Court directed a judicial inquiry, and the Principal Sessions Judge submitted a report. However, the court did not rely on this report for bail as the allegations were not proven. (Paras 3-4)
Issue of Consideration
Whether the appellant is entitled to bail under Section 34 of the Prevention of Terrorism Act, 2002, based on alleged illegal detention and fresh material obtained under the Right to Information Act.
Final Decision
Appeal dismissed. The High Court upheld the rejection of bail by the Special Court.
Law Points
- Bail under POTA
- Section 34 POTA
- Change in circumstances
- Right to Information Act
- Illegal detention
- Judicial inquiry report
