The three accused have made a complaint seeking transfer of their case from the Special POTA court accusing the woman judge of being 'prejudiced and biased'.
A suspected Pakistani militant and his two Kashmiri accomplices have strongly objected to the remarks of a Delhi judge who likened them to Ajmal Amir Kasab who is facing trial in the Mumbai terror attacks.
The three have made a complaint before the district judge seeking transfer of their case from the Special POTA court accusing the woman judge of being "prejudiced and biased".
"Ajmal Kasab is your brother, you all are of the same clan but now you are not owning him," were the remarks attributed to the judge by them.
Mohd Hassan, who hailed from Mandi district in Punjab province of Pakistan and Shafaquat Iqbal and Shabbir Ahmed of Doda in Jammu and Kashmir, alleged that the judge, without any reason, referred to 26/11 attacks and made other observations like – "It is you who are trouble makers."
The accused, suspected to be LeT militants, filed separate affidavits, to point out "unwarranted" references made by the judge against them.
"You are lucky being inside jail, otherwise you would have been dead" was another remark that they claimed in the affidavit was made by the judge.
"In view of the biased and prejudiced attitude of the trial court (judge), we do not have faith in her, and we are hopeful that we will not be getting justice as the trial court has reached the conclusion that we are guilty before the conclusion of the trial," their application, seeking transfer of their case, said.
The three accused, who are in Tihar jail since their arrest near Dilli Haat here on April 26, 2007, had first made these allegations against the judge orally.
But, in view of the seriousness of the charges, the district judge advised them to file affidavits containing the allegations to decide their plea for transfer of the case.
The district judge issued notice to the Delhi government on the application of the accused and put the matter for hearing on November 24.
According to the prosecution, Hassan and two others were apprehended by the Delhi Police's Special Cell with two kilograms of RDX, three electric detonators and two hand grenades with Rs25,000 cash.
The police alleged that the three were sent to the capital by their handler Abu Ammar, a Pakistan-based suspected chief commander of the LeT of Jammu and Kashmir to carry out blasts.
The three have been charged with various offences including waging war against the country under the IPC and other offences under the Explosive Substance Act.
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