Follow Due Process InThe Kazmi Case;
No Blanket Extension For Filing Chargesheet
By Syed Kazmi Solidarity Committee
28 July, 2012
Countercurrents.org
The Committee notes with dismay the continuing incarceration of senior journalist Syed Kazmi, over four months since he was arrested in the New Delhi, Israeli embassy vehicle blast case. The Special Cell had sought—and had been granted—an extraordinary 20 days of police remand for questioning him initially but they were forced to return him to judicial custody in absence of any leads.
The same farce is being played out once again. Unable to file a chargesheet against Mr. Kazmi within the mandated 90 days, the investigating agency can be seen clutching at the straws of UAPA seeking an extension of another 90 days. This not only violates the fundamental rights of Mr. Kazmi to bail but also distorts the very spirit of due process. While UAPA allows for extension of custody, this cannot be a blanket extension, without examining the progress in investigation and the imperative to keep Mr. Kazmi in continued incarceration without charges. But this is what has precisely happened. The Special Cell, which explains away the delay in filing charges to the ‘international’ nature of the conspiracy, must answer why the letters rogatory –to seek international judicial assistance -- are being sent only now, when the time for filing charges has expired. Moreover, The Iranian Foreign Minister on his visit to India to invite the Prime Minister to the Non-Aligned Summit scheduled for this year, had at a press conference extended a public assurance of full cooperation in the investigation of the bomb attack on the Israeli diplomatic vehicle. Circumstances in other words, have been very favourable for an investigation into this event. That the Special Cell has made no progress at all is a reflection on its own efficiency and credibilty. To hold a man in custody on grounds that have so far proved completely vacuous seems the worst form of injustice.
A flat 90 day extension for filing of charges is illegal and unconstitutional. The Committee demands that due process of law be followed in the case of Mr. Kazmi.
Sukumar Muralidharan, Seema Mustafa, Shabnam Hashmi, Sanjay Kapoor, John Cherian, Colin Gonsalves, Ajit Sahi, Mahtab Alam, Manisha Sethi, Mansi Sharma and others on behalf of Syed Kazmi Solidarity Committee
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