A city court on Thursday indicated the charges under stringent Terrorist And Disruptive Activities (Prevention) Act (TADA) may not be framed against top lashkar-e-Tayyeba bomb expert Abdul Karim Tunda. The court, however, said there is a prima facie case made out under the Explosive Substances Act against Tunda, who has been chargesheeted in a case relating to recovery of explosives.
Additional Sessions Judge Bharat Parashar observed this while hearing arguments on framing of charges against 72-year-old Tunda. “TADA is not made out. Explosive Substances Act is made out against the accused,” the judge said, during the hearing.The court also asked advocate MS Khan, who appeared for Tunda, whether the accused would plead guilty to the offences. Khan, however, told the court that they would fight the case as there was no evidence. “I will fight the case. There is no evidence against Tunda in this case,” he said.
Public Prosecutor Rajiv Mohan 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 court asked the police and Tunda’s counsel to file their written arguments and posted the matter for May 28.
The Special Cell of Delhi Police had told the court that there was circumstantial evidence against Tunda as 40 kilo explosives were recovered from the house of his brother in Delhi, where he was also residing, in 1994. The police had said that four 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 the instructions of Tunda.