- (1.) This order will dispose of Criminal Appeal No.975-DB of 2011 filed by National Investigation Agency against Naba Kumar Sarkar alias Swami Asima Nand and Lokesh Kumar Sharma alias Ajay Tiwari alias Kalu and 1079-DB of 2011 filed by Naba Kumar Sarkar @ Swami Asima Nand against National Investigation Agency. Both the appeals arise out of the same order dated 28.09.2011 passed by the learned Additional Sessions Judge, NIA Special Court, Panchkula. Both the appeals have been filed under Section 21 of the National Investigation Agency Act, 2008. The facts of the case are that on the intervening night of 18/19.02.2007, two coaches of train No.4001 UP Attari Express (Samjhauta Express) had caught fire as result of two bomb explosions. The incident had occurred between Diwana and Panipat Railway Stations.
(2.) Due to the explosions and subsequent fire, 68 persons which include 64 passengers and 4 railway officials were killed; besides, 12 persons were injured. Initially the case was investigated by the Railway Protection Police Force/Special Investigation Team, Haryana Police. Thereafter, in terms of order dated 26.07.2010, the Government of India, Ministry of Home Affairs (Internal Security-1 Division) transferred the case to the National Investigating Agency (NIA-for short). In consequence of the said order, the NIA registered a case i.e. CR No.09/2010 dated 29.07.2010. During Investigation, it was found that the train No.4001 UP Attari Express (Samjhauta Express) was stationed at platform No.18 of the Railway Station, Delhi Junction for departure to Attari. At about 10.15 pm as per its schedule, the train left the platform. In pursuance of a criminal conspiracy, it is alleged that explosions in train No.4001 UP Attari Express (Samjhauta Express) were caused on the intervening night of 18/19.02.2007 at about 11.53 pm while the train was passing through Diwana Railway Station near Panipat, Haryana. Two unreserved coaches of the train had caught fire after the explosions. As per the investigation, it was revealed that 4 Improvised Explosive Devices (IEDs-for short) were planted in the unreserved compartments and out of them, the IEDs which were placed in the 12 th and the 13 th compartment had exploded. The explosion was followed by fire in the compartments. One unexploded IED was recovered from the 15 th compartment which exploded in the process of its diffusion by the technical personnel; besides, one unexploded IED in a suit case was recovered from the spot down the railway line (on the railway track near the 15 th compartment). According to the NIA, the case is one of a terrorist blast carried out by a group of people in pursuance of a criminal conspiracy with intent to threaten the unity, integrity, security and sovereignty of India and to strike terror in the people of India and in foreign country. The material used was IEDs along with inflammable substances, which caused blasts in the Attari Express (Samjhauta Express) train at Panipat. During investigation, Naba Kumar Sarkar @ Swami Asima Nand (respondent No.1 in Criminal Appeal No.D- 975-DB of 2011 and appellant in Criminal Appeal No.D-1079-DB of 2011) made a confessional statement on 15.01.2011 before the learned Chief Judicial Magistrate, Panchkula.
(3.) After completion of investigation, a police report (challan) was filed by the NIA in the Court of the learned Additional Sessions Judge, NIA Special Court Panchkula. Thereafter, an application dated 10.08.2011 was filed by the NIA in the Court of the learned Special Judge, NIA, Panchkula seeking unsealing of the seized material objects mentioned in Annexure A to the said application dated 10.08.2011 so as to get the IEDs seized in the present case compared by the experts with the IEDs seized in other blast cases namely Ajmer Blast case, Hyderabad Mecca Masjid blast case, Malegaon blast case and Moddasa blast case. The material for examination which was sealed during the investigation was lying in the Malkhana of NIA office, Panchkula. In order to carry out investigation in the other bomb blast cases and to unearth the larger conspiracy behind these blast cases, it was submitted that the comparison of IEDs as well as other material objects of this case with the IEDs and other material objects of the other cases as aforesaid was required to be done by a team of Experts from the Central Forensic Science Laboratory (CFSL-for short), Hyderabad. For the said purpose, it was submitted that it was necessary to unseal the material of the present case and after doing the needful to reseal the same and deposit it in the Malkhana of NIA office, Panchkula. Therefore, a direction was sought to unseal the material objects of the present case and hand over the same to the experts for making comparison and then reseal the same after doing the needful. The learned Additional Sessions Judge, NIA, Panchkula, in terms of his order dated 17.08.2011 allowed the application dated 10.08.2011 that was filed by the NIA and allowed unsealing of the material objects of the present case as mentioned in Annexure A of the application dated 10.8.2011 in the presence of learned counsel for the accused. The dates on which the material objects could be examined were also fixed Naba Kumar Sarkar @ Swami Asima Nand (respondent No.1 in Criminal Appeal No.D-975-DB of 2011 and appellant in Criminal Appeal No.D-1079-DB of 2011) aggrieved against the said order dated 17.08.2011 filed Criminal Appeal No.D-780-DB of 2011 in this Court. The same was dismissed vide order dated 02.09.2011 and the order dated 17.08.2011 passed by the learned Additional Sessions Judge, NIA Special Court, Panchkula was upheld. It was directed that the learned trial Court shall give permission to the experts of the Forensic Science Laboratory, Hyderabad to unseal the IEDs in the present case deposited in the Malkhana Camp Office, Panchkula for comparision by the experts from CFSL, Hyderabad for which fresh dates were to be given by the learned trial Court in terms of its order dated 17.08.2011.;