Shahid Azmi Murder Case: 9 Years Later, Only 1 out of 108 Witnesses Testifies

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India Tomorrow

Mumbai, Feb 13—Even nine years after the 33-year old Mumbai-based human rights lawyer Shahid Azmi was shot dead in his office in Kurla neighbourhood of the city for representing accused in terror trials, there has been no conviction so far in the case and just one out of 108 witnesses has testified since the trial began in December 2018.

Speaking to India Tomorrow, Public prosecutor Vaibhav Bagade said “The complainant and eyewitness have been examined and we are awaiting cross examination. The evidence material is strong so we hope that the judgment will be in our favour.” When asked as to why the case is being delayed and moving at a slow pace, he said, “The defendants have moved the Supreme Court after their bail was rejected in the Bombay High Court (the bail plea of the two accused Jagtap and Solanki). We will have to wait till February 25.”

The other two accused—Pintu Dagale and Vinod Vichare—are already on bail. The trial will resume on February 25 when the complainants will be cross-examined.

Soon after Shahid Azmi’s murder on February 11, 2010, four suspects—Devendra Jagtap, Vinod Vichare Pintu Dagale and Hasmukh Solanki—were arrested by the police. However, the charges could only be framed against them in August 2018. All the accused have been charged under Sections 302 (murder), 120B (criminal conspiracy), 25 (punishment for certain offences), 27 (punishment for using arms, etc) of the Arms Act, 452 (house trespass after preparation for hurt, assault) and Section 3 (licence for acquisition and possession of firearms and ammunition).

According to a report published in The Wire, Khalid Azmi, Shahid’s younger brother and an intervener in the case, said that since there are 108 witnesses, the case is taking its time. “I am hopeful that the truth will prevail and justice will be served in the case,” said he who started practicing law after his brother’s murder.

Since it took city Civil and Sessions Court seven years (August 2017) after the lawyer’s murder to press charges in the case and, given the fact, that out of a total of 108 witnesses, only one has deposed since the trial began, it is frightening to think as to how many more years this case could take for the court to pronounce its judgment. The pertinent remark of Justice (retd) SS Parkar of the Bombay High Court himself over the delay in justice in the Azmi’s murder case, confirms this travesty of justice.

“By organizing this lecture, the emotion of fighting for justice is kept alive. Adv. Azmi wanted to free and fight for those falsely implicated. This day every year since nine years reminds us that, ‘Justice Delayed is Justice Denied,” Justice Parkar had said on the occasion of 2nd Advocate Shahid Azmi Memorial Lecture organized on February 7 by Innocent Network, an affiliation of organizations dedicated to providing legal services to the accused.

Participating in the lecture, Shahid’s another younger brother Adil Azmi said, “It all started when Shahid was at the Patiala House court and he decided that there needs to be a group taking care of Muslims too and convinced Jamiat to take up cases for Muslims.” He said this while speaking about how and when Shahid Azmi realized that he should take up law and defend those who can’t defend themselves.

In a short span of just seven years, Shahid had secured the acquittal of 17 men charged with terrorism. At the time of his murder, he was defending 26/11 attacks accused Faheem Ansari. On August 19, 2012, Supreme Court had acquitted Ansari of all the charges due to lack of evidence.

Before becoming a practicing lawyer, Shahid himself had spent seven years in jail in a terror case. He had started studying law while in jail and completed his studies after he was acquitted.

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