Top LeT bomb expert Abdul Karim Tunda discharged in TADA case
NEW DELHI: Top
Lashkar-e-Toiba bomb expert Abdul Karim Tunda, one of the 20 terrorists India
had asked Pakistan to hand over after the 26/11 Mumbai attack, was on Tuesday
discharged by a Delhi court in a case lodged against him in 1994 under the
stringent Terrorist and Disruptive Activities (Prevention) Act (TADA).
Judge Neena Bansal Krishna discharged 73-year-old Tunda of the alleged offences
under the provisions of TADA, Explosive Substance Act, the Arms Act and under
section 120(B) (criminal conspiracy) of the IPC.
However, Tunda will have
to remain in jail as there are several pending cases against him.
Special Cell of Delhi
Police had filed a charge sheet against Tunda in the case in which five accused
were arrested on January 17, 1994 and 150 kg explosives and six daggers were
allegedly recovered from their possession.
The trial court in its
judgement in December 1999 against the five accused– Abdul Haq, Aftab, Abdul
Wahid, Afaq and Afran Ahmad– had convicted them under the provisions of
Explosive Substance Act read with section 120(B) of the IPC.
The police, in its
supplementary charge sheet against Tunda, had said that he was declared a
proclaimed offender by the court earlier and he was involved in various terror
cases in India.
Tunda was arrested by
the Special Cell on August 16 2013 from the Indo-Nepal border.
During the arguments on
charges, advocate M S Khan, appearing for Tunda, had argued that there was no
evidence in the case and confessional statements of the other arrested accused
in the case cannot be relied upon against his client.
Khan had also contended
that there was no material to connect Tunda with the alleged recovery of the
Public Prosecutor Rajiv
Mohan had argued that there was a disclosure statement of other co-accused who
were convicted earlier in the case under provisions of Explosive Substances Act.
The Special Cell of
Delhi Police had told the court that there was circumstantial evidence against
Tunda as 40 kg explosives were recovered from the house of his brother in
Delhi, where he was also residing, in 1994.
The police had said
that other accused, who had faced trial in the case, had also given
confessional statements that they had hatched the conspiracy for terror strikes
here on instructions of Tunda.
Police had told the
court that Tunda, suspected to be involved in 40 bombings in India, was
declared a proclaimed offender in the case.