IS operative arrested in 2017 blasts to be tried as adult in juvenile children’s court

Bhopal: An alleged Islamic State of Iraq and Syria (ISIS) operative, who was arrested in the Shajapur serial blast case in 2017, will be tried as an adult in the juvenile court, two years after he was sentenced to capital punishment by special National Investigation Agency (NIA) Lucknow court in another case.

The accused, who hails from Bhopal, was arrested from Hoshangabad by the Madhya Pradesh anti-terrorism squad (ATS) after the blast in Bhopal-Ujjain train near Jabri railway station in Shajapur on March 7, 2017, which left 10 people injured.

He was arrested with seven others by the Uttar Pradesh ATS for planning the blast and waging war against the country. “He was part of an IS module in India planning multiple blasts in several cities”, said a senior officer of ATS, who initially probed the matter.

NIA took over the case on March 16, 2017.

In March 2023, the accused along with six others was given capital punishment by special court in Lucknow under sections 121, 121A, 122, 123 of IPC, sections 17, 18, 18A, 18B, 23, 38 of the Unlawful Activities (Prevention) Act and 3/25/35 of the Arms Act while one accused was sentenced to life imprisonment for planning blasts in different cities of India.

However, in another case of committing blast in the train in Shajapur, the trial was going on under sections 120-B, 122, 307, 326, 324 of IPC; sections 3/4 of the Explosive Substances Act; sections 150, 151 of Railways Act; Section 4 of Public Property (Prevention) Act; and sections 16(b), 18, 25, 38 and 39 of Prevention of Unlawful Activities Act, before special court of NIA, Bhopal.

In 2024, an application was moved before the special court of NIA, Bhopal by juvenile in conflict with law, wherefrom it was observed that on the date of incident, the said juvenile was less than 18 years of age, therefore, case was sent to the Juvenile Justice Board for disposal according to law.

The case was heard by principal magistrate, Juvenile Justice Board, Bhopal who passed an order on April 28, 2024 stating that although the juvenile on the date of incident was only 17 years of age he was physically and mentally fit and was competent enough to understand the consequences of the offences committed. The case was transferred to a regular court constituted under Section 25 of the Commissions for Protection of Child Rights Act, 2005.

The order was challenged by NIA by saying that the charges are grave against the accused and he shouldn’t be tried as juvinile.

Saying that the JJ Act, 2015 will have an overriding effect over the NIA Act, 2008, a single bench of judge Sanjay Dwivedi on Monday said, “It is clear that the matter though investigated by NIA and registered the offence, but considering the other circumstances and the fact that one of the accused was juvenile, although treated to be an adult for the purpose of trying the offence and as such Section 18(3) of Act, 2015, it is to be tried by the Children’s Court.”

“On a mature consideration of the above discourse as well as the legal position, especially considering the effect of Section 1(4) of JJ Act, 2015, it is hereby held that when the FIR is registered under a Scheduled Act prescribed under the NIA Act and a juvenile has been directed to be tried as an adult by the Children’s Court, then the jurisdiction to try the case would vest in Children’s Court and not in the Special Judge under the NIA Act,” said the court order.

The court thanked advocate Anil Khare, who in the capacity of amicus curiae assisted the court in the matter.

Citing an example a of juvenile issue in Yakub Abdul Razak Memon (supra) case, Anil Khare said that the Supreme Court had resolved the conflict between the JJ Act, 2000 and TADA Act, 1987 by observing that sections of JJ Act, 2000 gave overriding effect over other statutes.

Khare submitted that the jurisdiction has been vested to the Children’s Court by virtue of Section 18(3) and no other Court/Special Court can have jurisdiction in this regard.

NIA advocate Deepesh Joshi said, “This is important judgement as the accused who was tried as an adult in UP and got capital punishment too. Now, he will be tried afresh in MP. NIA court in Bhopal already verified 70 eyewitnesses in the case but his trial will be started again before Children’s Court, but he will be treated as an adult only.”