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Dehli court to Kazmi: no bail

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  • Dehli court to Kazmi: no bail

    Threats of suicide failed to move a Delhi court to grant S.M.Ahmed Kazmi bail. The Court's explanation for their decision doesn't bode well for the accused when it comes time for trial:
    Delving into the merits of the case, Chief Metropolitan Magistrate (CMM) Vinod Yadav said: “Suffice it to say at this stage that on the basis of call detail records of the mobile phone recovered from the applicant and the statement of witnesses, it is clearly apparent that the basis of allegations against Kazmi of conspiring with the actual assailants are there, which prima facie show that he had a role to play in this terrorist strike…This court has an onerous duty of forming an opinion at this stage, on the basis of material so far collected by the investigating agency; there are reasonable grounds for believing that the accusa-tion against the applicant [Kazmi] is prima facie true.”

    Denying bail, Mr. Yadav said the investigation was still in progress and that during investigation “the material collected so far unerringly discloses at this stage that the applicant [Kazmi] was in touch with some of the terrorists who had planned the strike in three countries simultaneously upon the diplomats of a particular country.”

    He added: “I will consciously not discuss the entire material collected by the investigating agency against the applicant; however from perusal of the material, it is apparent that applicant [Kazmi] was in touch with the assailants; he probably got money in relation to this conspiracy as well, for which the Enforcement Directorate has already issued notice to him and his wife and he said proceedings are going on before appropriate forum.”

    The CMM said there was evidence on record that a suspect arrested in another country had applied for an Indian visa at the same time as one of the suspects accused of the terror strike in Delhi. “The other terrorists who have been arrested in other countries were in touch with each other through applicant [Kazmi].”

    Listing the grounds on which the bail plea was being rejected, the court said: “Considering the gravity of offences, the severity of punishment prescribed under the law for such offences, the stage of investigation and the large scale international ramifications of the investigation, I am not inclined to admit applicant on bail at this stage. The application for bail is accordingly dismissed.”
    Asymmetric Warfare: It's not just for the other guys.