Arguing that the FIR, remand proceedings, cognisance taken by the magistrate court and trial are bad in law, German bakery lone blast accused Himayat Baig’s lawyer Mehmood Pracha on Monday appealed before the Bombay high court that as the NIA is currently investigating the case, the appeal should be postponed till the findings of the agency are out in the open.
A division bench of Justices V.K. Tahilramani and Mridula Bhatkar was informed by Mr Pracha that it was alleged that Baig got a lawyer of his choice during his trial in Pune. However, Mr Pracha said, “Baig told me that the Pune Bar Association had passed a resolution that no lawyer would take up his case, due to which he wasn’t defended properly during his trial.”
Baig while being produced in the morning via video conferencing, said, “Mujhe English nahi aati, mujhe court me aane ki ijazat di jaaye.” (I don’t understand the proceedings as they take place in English, please allow me to be present in person). The bench then directed that Baig be produced before it in the afternoon.
Speaking to The Asian Age, Mr Pracha said that there are three important aspects on the basis of which the case against Baig is bad in law — Unlawful Activities (Prevention) Act (UAPA) couldn’t have been invoked against him because it’s the sole prerogative of the Centre; the magistrate court has no power to entertain UAPA cases; and even though the public prosecutor has got a very significant role, he wasn’t appointed in accordance with law.