Advocate Shahid Azmi murder: Bombay High Court lifts stay on trial, rejects plea by accused for change of trial court

The Bombay High Court last week lifted the stay on the trial in the murder of advocate Shahid Azmi who was shot dead in his Kurla office in 2010 [Hasmukh Solanki v. State of Maharashtra]. .The High Court vacated its September 2022 stay order and also rejected the plea by accused Hasmukh Solanki seeking transfer of the criminal case from the sessions judge in Mumbai currently conducting the trial, to another sessions judge.Solanki had moved the High Court seeking transfer of the criminal case citing bias on the part of the judge. After hearing the case at length, single judge Justice PD Naik had on September 7, 2022, reserved the application for orders, and then directed the sessions judge to not continue with the trial until further orders of the High Court. In the order passed on February 7, 2022, exactly 5 months after reserving its order, the High Court rejected Solanki's plea paving the way for resumption of trial..Azmi had been in Tihar jail for 7 years after being charged under the Terrorist and Disruptive Activities Prevention Act for his alleged involvement to kill politicians. He was later acquitted by the Supreme CourtMeanwhile, he obtained an LLB degree while in prison and after his acquittal, went on to represent several accused in the Mumbai 7/11 train blasts case, Malegaon 2006 bomb blast case etc.On February 11, 2010, three persons allegedly shot him dead in his office and Kurla.Solanki came to be arrested in 2010 and had been behind bars since then..Solanki had applied to the principal judge of Mumbai sessions court seeking for a transfer of case. After that application had been rejected, he appealed in High Court. Solanki’s application pointed out that during the recording of evidence, one of the witnesses had tried to behave in a rude and arrogant manner towards his lawyer. This had not been reprimanded by the judge and the same showed his biased approach against him, Solanki submitted. The prosecution, however, pointed out that the principal judge had relied upon the report of the trial Court and rejected the application for transfer by assigning reasons..Justice Naik too did not find any sufficient material on record to conclude that the trial court was biased against Solanki. “The material on record is not sufficient to draw conclusion that the trial court is biased against Solanki and that he would not get fair trial before the said Court. No case is made out for transfer of investigation”, the High Court concluded.The Court, however, added that in future, if any witness behaves rudely, the trial court should caution such witness.At the same time, the Court also directed the defence to co-operate in the smooth conclusion of the trial. .Advocates Milan Desai and Saeeda Shaikh appeared for Solanki.Additional Public Prosecutor SR Agarkar appeared for State.[Read Order]