The Supreme Court has issued notice to the State of Rajasthan on a plea challenging the acquittal of seven men in the 2007 Ajmer Dargah blast case.
The notice was issued by a bench of Justice Sanjay Kumar and Justice Sandeep Mehta. The bench also condoned the delay.
This restores the complainant’s right to be heard on the merits.
The special leave petition challenged the Rajasthan High Court order dated May 4, 2022.
The plea has been filed by Syed Sarwar Chishty, the Khadim of Ajmer Dargah Sharif. The High Court had dismissed an appeal against the acquittals under the Unlawful Activities (Prevention) Act and the Explosive Substances Act.
The petition challenges Section 21(5) of the National Investigation Agency Act. It says that a strict bar on appeals after 90 days violates Articles 14 and 21 of the Constitution. It argues that this rule blocks access to justice and limits the fundamental right to appeal.
The 2007 blast killed three Muslim pilgrims. They were a woman named Shehnaz, a 60-year-old man named Hameed, and a 13-year-old boy named Mohammad Soheb. Seventeen others were injured.
Investigators linked the blast to Hindu extremist networks.
They included people connected to the Rashtriya Swayamsevak Sangh. Devendra Gupta, an RSS pracharak from Madhya Pradesh, was named as the main planner. Bhavesh Patel from Gujarat planted the bomb. Sunil Joshi, an RSS zila pracharak and the main operations head, was shot dead in December 2007.
Gupta and Patel were convicted under Sections 120B and 295A of the IPC and also under the Explosive Substances Act and UAPA. They were sentenced to life imprisonment.
Others allegedly involved included Suresh Nair, accused of sourcing explosives. Swami Aseemanand, whose real name is Nabakumar Sarkar, was accused of masterminding the attack. He was acquitted in 2017 after witnesses turned hostile. RSS leader Indresh Kumar was also named but was acquitted due to a lack of proof.
On March 8, 2017, the Special NIA Court convicted Devendra Gupta and Bhavesh Patel. The court acquitted seven others: Lokesh Sharma, Chandrashekhar Leve, Mukesh Vasani, Harshad alias Munna alias Raj, Nabakumar Sarkar alias Swami Aseemanand, Mafat alias Mehul, and Bharat Mohanlal Rateshwar.
The appeal against these acquittals was filed on June 1, 2017. It was taken up only in 2022. The High Court dismissed it, saying there was a delay of 1,135 days. It relied on Section 21(5) of the NIA Act, which limits appeal filing to 90 days.
The petition said this interpretation violates Articles 14 and 21. It said it creates an arbitrary difference between NIA matters and cases probed by other agencies. It cited Supreme Court rulings like Mangu Ram v. Municipal Corporation of Delhi and Mohd. Abaad Ali v. Directorate of Revenue Prosecution Intelligence. It said the right to appeal is part of the right to a fair trial.
The complainant was represented by the APCR legal team. It included Senior Advocate Abhay Mahadeo Thipsay, Advocate Sowjhanya Shankaran, Advocate Siddharth Satija, and Advocate M. Huzaifa.
APCR welcomed the Supreme Court decision. It called it “a crucial step towards upholding access to justice, constitutional equality, and victims’ rights in terrorism-related cases.”