Can't stay the HC order on 2008 Jaipur blasts without hearing acquitted accused: SC

New Delhi, May 17 The Supreme Court on Wednesday declined to stay the Rajasthan High Court order, which acquitted four men who were sentenced to death by the trial court in connection with the 2008 Jaipur serial blast case.

A bench of Justices Abhay S. Oka and Rajesh Bindal observed that the court cannot pass an order without hearing people, who were acquitted by the high court. However, the top court stayed a direction passed in the high court order, delivered on March 29, asking the state's Director General of Police to order an inquiry against the investigating officer and other police personnel involved in the case.

The bench imposed certain conditions and directed that the four people, who were acquitted, be released unless wanted in any other case.

Attorney General R. Venkataramani, representing the Rajasthan government along with senior advocate Manish Singhvi, sought a stay on the high court order. Counsel said the people were convicted and awarded the death penalty for a serious crime.

Senior advocate Maninder Singh, representing the family members of the victims, also sought a stay of the high court verdict.

The bench, however, said it would not mechanically stay the high court and people who were acquitted by the high court should be heard.

The top court directed all four to surrender their passports and added that if they were released from jail, then they would have to register their appearance on a daily basis between 10 a.m. and 12 noon before the anti-terror squad police station in Jaipur.

As Venkataramani sought that the court may issue an order for continued detention of the four persons under Section 390 of CrPC, the bench replied that it is not inclined to pass the order for keeping them in jail after their acquittal.

The top court also made it clear that those acquitted cannot refer the high court judgment in any other case for securing bail and added that the matter should be placed before Chief Justice of India, as it needs to be heard by a bench of three judges, as this is an appeal against a death reference.

The bench clarified that it would have to hear the accused and also go through the entire evidence. After hearing submissions, the top court scheduled the matter for further hearing on August 9.

The Rajasthan government and family members of the blast victims moved the apex court challenging the high court verdict.