Mumbai: The accused in an Indian Mujahideen (IM) terror e-mail case arrested under MCOCA received a respite on Monday when a local sesssion court transferred their case for speedy trial to a new court.
Principal Judge Swapna Joshi ordered the transfer of their case to the new court after hearing a request sent by the accused to expedite their trial. The Mageisterate also ordered speedy trial of their case.
The Defense Counsel, Sharif Shaikh, had requested to transfer their cases in a court which is not over burdoned.
The accused, in an application from Taloja jail, said they are "languishing in a miserable, abandoned and untried state since the last four and half years".
The accused said the "inordinate and unjustified delay in the trial has almost defeated the purpose of absolute justice and already beaten the very objective of setting up a special designated court to try the offence under the MCOC Act of 1999".
The trial has not yet commenced, said the accused, adding that they were seeking orders to ensure that it starts soon.
In 2008, an e-mail was sent allegedly by IM to some media channels issuing a warning against terror attacks in Ahmedabad. The emails were traced to Mumbai.
There are 23 accused in the case and they say they were falsely arrested by the DCB CID unit 3 of the Mumbai crime branch between September and October 2008.
On February 17, 2009, the Mumbai crime branch filed a chargesheet against them and since then, the case has not progressed, their application said.
So far, the accused said, their cases have come up before five different judges, who have presided in the MCOCA court. Their plea now is that the case be assigned to a special designated MCOCA court, which may immediately take up the case.
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