Jaipur, January 10
A Jaipur judge has taken judicial activism to new heights by seeking permission to prosecute a former Union Home Minister, serving Defence Minister, National Security Adviser, Chief of Southern Naval Command and Chief of Coast Guard and Mumbai Police Commissioner besides several others stating it was, prima facie, their criminal negligence that led to the Mumbai terror blasts.
The 46-page order issued by additional chief judicial magistrate Dinesh Gupta on January 1, 2009, has sought permission of the President of India to prosecute these persons.
The Case no 1/2009 suo motu versus Chief of Southern Naval Command, Union Home Minister and others took cognisance of news reports, quoting various officials, on the failure of the government to avoid the November 26 Mumbai terror blasts.
The court order released by a lawyer, Ajay Jain, here today states that the judge acted via powers vested in him to undertake suo motu cognisance under 190 criminal procedure code (CrPc).
The judge also quoted a Supreme Court ruling in Afzal Guru case where in the apex court, he said, there was no restriction on a court of law regarding its terrirotial jurisdiction when there is an incident of armed aggression against the country.
The judge, who had earlier taken suo motu cognisance of vulgarity in public by Hollywood actor, Richard Gere, and Shilpa Shetty for their infamous kissing on the stage incident two years ago, said the officials and ministers were negligent in their duty as they had the knowledge of the attack, as reflected by the intelligence and media reports.
Yet, no one took preventive action and there is a suggestion that they did not share it with each other also, eventually leading to the attack and killing of many people, the judge said.
Ajay Jain talking to The Tribune said the judge had written to President Pratibha Patil and the Governor of Maharashtra on January 1 itself. “We learnt it later and today I got a certified copy of the order, which I am releasing in public interest.”
He said he and some other lawyers had come together to support the judge and file a Public Interest Litigation petition if permission to prosecute the persons was not granted. He explained that under rules a court could not start proceedings against certain public servants for which a permission to prosecute them was required.
The judge also recommended action against secretary, home and defence, shipping and transport, the Maharashtra state principal secretary of home and in charge of marine police.
