1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 2864/2009 Fahim Arshad Mohammad Yusuf Ansari Petitioner Vs. The State of Maharashtra Respondent Mrs.Nasreen S.K.Ayubi appointed for petitioner Mr.Rajesh More,APP CORAM : SMT.RANJANA DESAI, & MRS.MRIDULA BHATKAR,JJ. DATE : 20th JANUARY, 2010 . P.C. . The petitioner is an accused in Sessions Case No. 175/2009 . He is involved in the terrorist attack which took place in Mumbai on 26/11/2008 . Sessions Case No.175/2009 pertains to the same incident . The petitioner has sent this petition through jail making allegations against the Special Judge who is conducting the said trial . He has interalia prayed that the Special Judge be transferred. 2] We have heard Mrs.Nasreen S.K. Ayubi who has been appointed to appear for the petitioner , in support of the petition. She reiterated the contentions raised in the petition. She submitted that the petitioner may be permitted to meet his relatives and he may be given medical treatment whenever necessary. 2 3] We have also heard learned A.P.P. . He has taken us through the affidavit of Mr.Ashok Tukaram Duraphe ,Assistant Commissioner of Police , D-1 (South),DCB,CID,Mumbai. 4] The petitioner wants the case to be transferred to some other Judge. It is the petitioner’s case that learned Special Judge uses unlawful measures while deciding the applications made by him ; that the petitioner is not able to use the facility of meeting his family members because of the orders passed by learned Special Judge ; that learned Special Judge has issued only two entry passes one to his wife and the other to his brother ; that the petitioner is not allowed to talk to his brother; that the Special Judge has not sent the petitioner to Government Medical Hospital for treatment, that the Special Judge has not taken any action on the application submitted by the petitioner , that the Special Judge deliberately guides and gives hints to the witnesses and asks some leading questions, that the Special Judge is arrogant , that the Special Judge does not pay any heed to the complaints made by the accused about the discomfort caused to them on account of sitting arrangement made in the Court . 5] Having perused the petition and the affidavit in reply we are of the considered opinion that the allegations made 3 by the petitioner are baseless. It is stated in the affidavit by Shri.Duraphe , Assistant Commissioner of Police that the petitioner was permitted to meet his lawyer as per the court’s order, and the petitioner’s lawyer has never complained that the police have subjected the petitioner to torture.It is further stated by Shri.Duraphe that the petitioner has been allowed to meet his wife, and the wife has also not complained to the Court that the petitioner has been subjected to any torture. Shri.Duraphe has further stated that the Special Judge has granted applications Exhs. 996, 847, and 947 filed by the petitioner for recalling the witnesses even in the absence of the lawyer of the petitioner. In fact seven witnesses were recalled by the Special Court. It is further stated in the affidavit that the petitioner is allowed to meet his relatives whenever he makes such request. So far as grievance about learned Special Judge asking questions to the witnesses is concerned the Criminal Procedure Code permits him to do so and no grievance can be made about it. In view of the above the request for transfer of the case to some other Judge appears to us to be malafide and made with an intention to protract the trial. We are informed that the trial is almost complete. This petition is sent to this Court at the fag end of the trial. 4 6] The petition therefore deserves to be dismissed and is dismissed as such. 7] We ,however, expect the prison authorities to provide proper medical help to the petitioner as and when he demands it. 8] So far as interview with the relatives and lawyer is concerned, the petitioner must be permitted to meet his relatives and lawyer as per relevant rules and provisions of the Prison Manual. Needless to say that considering the sensitive nature of the trial learned Special Judge will be entitled to pass appropriate orders in that behalf. The petition is disposed of. This order be communicated to the petitioner in jail. (Smt.Ranjana Desai,J.) (Smt.Mridula Bhatkar,J.) 5 6