Court dismisses militant's charge of bias against trial judge

A Delhi court has rejected the petition of a suspected Pakistani militant and his two accomplices seeking transfer of their case to another court on the allegation that the trial judge was biased, as she likened them to Ajmal Amir Kasab, the lone captured terrorist in the Mumbai terror attack.

The three have made a complaint before the district judge seeking transfer of the case from the special court accusing the woman judge of being "prejudiced and biased".

District judge GP Mittal, however, did not find any substance in the allegations after hearing the version of the lady judge who said the charges were made, as she was expediting the trial against the accused.

"Ajmal Kasab is your brother, you all are of the same clan, but now you are not owning him," were the remarks attributed to the judge by the accused who also alleged she had called them "terrorists" as well.

"I am not inclined to believe that the petitioners have been treated as terrorists during the trial by the presiding officer. The case is at an advanced stage, and only testimony of the investigating officer remains. No case can be transferred from one court to another on vague allegations or on mere apprehensions of a litigant" Mittal said.

Mohd Hassan, who hailed from Mandi district in Punjab province of Pakistan and Shafaquat Iqbal and Shabbir Ahmed of Doda in Jammu and Kashmir, alleged the judge had made unwarranted remarks and also referred to 26/11 attacks, and made other observations like – "It is you who are trouble makers."

The accused, suspected to be LeT militants, had filed separate affidavits to point out the "unwarranted" references made by the judge against them.

The court, however, said, "I do not find any justification to transfer the case. The transfer application being devoid of any merit is hereby dismissed".

The three accused, who are in Tihar jail since their arrest near Dilli Haat here on April 26, 2007, had first made these allegations against the judge orally.

But, in view of the seriousness of the charge, the district judge had asked them to file an affidavit containing the allegation to decide their plea for transfer of the case.

According to the prosecution, Hassan and two others, belonging to terror outfit Lashkar-e-Taiba (LeT), were apprehended by the Delhi Police's Special Cell with two kilogrammes of RDX, three electric detonators, two hand grenades and 25,000 cash.     

The police alleged the three were sent to the capital by their handler Abu Ammar, a Pakistan-based suspected chief commander of LeT of Jammu and Kashmir to carry out blasts.

The three have been charged with various offences including waging war against the country, under the Indian Penal Code and other offences under the Explosive Substance Act.