A Delhi court on Friday allowed a plea of Hyderabad Police seeking custody of LeT bomb expert Abdul Karim Tunda in connection with a case lodged against him and others in 1998 on charges of waging war against India.
Additional Sessions Judge Dharmesh Sharma allowed the plea after the Special Cell of Delhi Police, which is investigating various cases involving Tunda, said they have no objection to Hyderabad Police's application.
"The application moved by Inspector BK Rao (of Hyderabad Police) is allowed. The Superintendent, Tihar Jail, is directed to hand over the custody of accused Abdul Karim Tunda to BK Rao and his team after proper verification on Saturday to enable the police officials of Hyderabad to produced the accused before the special court Hyderabad," the judge said.
The special investigation team of Hyderabad Police had moved the court on October 1 seeking Tunda's custody after the accused was remanded to judicial custody till October 15 in connection with a 1997 bomb blast case lodged against him.
During the hearing, advocate M S Khan, who appeared for Tunda, told the court that Hyderabad Police should be directed to produced Tunda after his custodial interrogation gets over there and the accused should be allowed to take prescribed medicines during the remand.
At this juncture, the court asked Rao about it and he said that they would produce Tunda here after his custodial interrogation is over.
"In view of the undertaking (of Rao), the special court Hyderabad is requested that after investigation qua accused Abdul Karim Tunda is over, he be send back to Delhi as he is required here for investigation of several pending cases by the special cell of Delhi Police," the court said.
Rao also told the court that they would take Tunda to Hyderabad by air. The Hyderabad Police had moved the plea before the court seeking Tunda's custody, saying that a production warrant was issued against him by a court in Nampally in Hyderabad in connection with the case lodged against him and others.
The Hyderabad Police, in its plea, had said that a case was lodged on July 2, 1998 on a complaint that "ISI activities are going on in order to wage war against the government and to create unrest in India and to cause damage to internal security of India and to Hindus and their properties on a large scale."
It had said the case was lodged under various sections of the IPC, the Arms Act, the Explosives Substances Act, the Passport Act and Foreigners Act. It had said that of the 29 accused, 17 have been arrested while the remaining 12 including Tunda were on the list of absconders.
"Hence, it is prayed that this court to pass orders with a direction to the Central Prison, Tihar Jail, New Delhi to hand over the accused by name Abdul Karim alias Tunda ...to produce him before the court of XII Additional Chief Metropolitan Magistrate, Nampally ...," the plea had said.
It had said that Tunda is a "hardcore terrorist" of LeT module and they need his custody in connection with the case.
70-year-old Tunda was arrested from the Indo-Nepal border at Banbasa on August 16. He was earlier remanded to police custody for questioning in connection with 37 bomb blast cases across the country.
Tunda is one of the 20 terrorists whom India had asked Pakistan government to hand over after the 26/11 Mumbai terror attacks. He is the first on the list to be arrested.