Court considered whether there had been violation of fundamental human rights,
defective charge and unlawful investigation and prosecution. Court held that there had
been violation of fundamental human rights, defective charge and that there had been
unlawful investigation and prosecution. Court was satisfied from its findings that the
accused persons had been produced in court way beyond the required 48 hours as
required under the constitution which was a violation of fundamental human rights. It
was court’s finding too that law under which the accused persons had been charged
offended article 28(7) of the constitution as the persons charged were neither
diplomats nor internationally protected persons as was required under the law they had
been charged. Furthermore court was satisfied that the investigations of the case had
been conducted improperly as the designated investigation officer had been below the
rank of superintendent as required under s.17 (1) of anti-terrorism act, 2002. For that
matter all the raised three points of law by defence succeeded and the case against the
accused persons could not continue.
Accordingly court acquitted all the accused persons.