New Delhi: In a setback to Delhi Police, a court has rejected its plea to issue non-bailable warrant against a suspected active member of Indian Mujahideen alleged to have helped some modules involved in 2008 serial blasts to flee India after Batla House encounter.
The court said it cannot issue NBW against Faizan Ahmed Sultan as he was never named as an accused or a suspect in the charge sheets filed in connection with the September 13, 2008 blasts.
Additional Sessions Judge Narinder Kumar dismissed the plea of Delhi Police seeking issuance of NBW which would have helped it in the procedure of extraditing Faizan who is holed up in Dubai.
The police had said Faizan is sheltering absconding accused in the 2008 blasts case and there is information with the government that he is now-a-days in Dubai and is to be got extradited on basis of NBWs being sought from the court.
“This court has no jurisdiction to take cognisance against Faizan Ahmed, what to say of issuing NBWs against him, when he was not arrayed as accused in any of the charge sheets already submitted and no further supplementary charge sheet has so far been presented in the Court of Chief Metropolitan Magistrate or got committed to this Court on the basis of any further investigation,” the ASJ said.
He noted that Faizan was not made an accused in the charge sheets filed before the magisterial court on February 27, 2009 for offences under sections 121, 121-A, 122, 123 (relating to waging war against government of India), murder, conspiracy under IPC and other offences under the Explosive Substances Act and Unlawful Activities Prevention Act.
