New Delhi: A Delhi court today dismissed the bail plea of a suspected Lashkar-e-Toiba operative who was arrested from Haryana’s Mewat region in December last year and directed police to conclude its investigation in the case by March 26.
Additional Sessions Judge Daya Prakash rejected the bail plea of Shahid, saying the provision of statutory bail lies only after expiry of 180 days, after the arrest, during which the prosecution has to file the charge sheet.
Meanwhile the court allowed the police plea for more time to conclude its investigation.
“I have seen the application (of police) as well as considered the arguments advanced and my inference is that let the application be allowed. Investigating agency is granted further 20 days time to conclude the investigation with effect from March 7 to March 26.
“Under section 167 (2) CrPC, the period of 90 days has been extended to 180 days. The statutory bail lies only on 180 days or after,” the court said, adding that the bail plea is dismissed.
Delhi Police special cell had arrested Rashid and Shahid, alleged LeT members in December last year and had claimed that they had met two persons in UP’s Muzaffarnagar region after the riots.
The court gave its order while hearing the two different pleas moved by Delhi Police and Shahid, who sought reliefs.
Delhi Police in its application has requested more time to conclude its probe in the case saying some more accused are to be arrested as they are still absconding.
“Accused Rashid and wanted Abdul Subhan (presently lodged in Kolkata jail to execute some terrorist action in India and investigation of which is still pending) were in touch with LeT terrorist Javed Baluchi, based in Pakistan through mobile numbers,” police said, while seeking more time to conclude the probe in the matter.
Whereas, advocate M S Khan for Shahid has sought bail on the ground that the period of 90 days expires today and since no charge sheet has been filed he is entitled to be released on bail. With the arrest of Rashid and Shahid, police had claimed to have unearthed a terror module of LeT which was in an “advanced stage” of planning a major strike in Delhi.
Earlier, Khan had apprised the court that a letter has been sent by his clients to Union Home Minister Sushilkumar Shinde requesting him to transfer the case from the special cell of Delhi Police to National Investigation Agency (NIA).
The accused had said the matter required a “thorough and fair” probe as there were loopholes in the version of special cell.
In the letter, the counsel had referred to a speech given by Congress Vice President Rahul Gandhi on October 24 last year at Indore where he said that “an officer of Intelligence Bureau had briefed him about the infiltration of ISI in relief camps in Muzaffarnagar for the purpose of recruitment of youngsters”.
“This matter requires a thorough and fair investigation as these two persons have been made scapegoats,” the letter had claimed.