The Delhi High Court on Friday set aside a local court order dismissing applications for discharge filed by two suspected terrorists belonging to Al Badr charged with carrying arms, explosives and ammunition.
The two suspected terrorists -- Irshad Ali and Moarif Qamar -- had sought their discharge in the case following a clean chit to them by the Central Bureau of Investigation.
The Special Cell of the Delhi police had arrested the two accused at Mukarba Chowk in North-West in 2006 on a tip-off that two persons carrying arms and ammunition would be coming to Delhi from Jammu and Kashmir.
Dismissing the trial court order, Justice M. C. Garg of the Court remanded the case back to the Additional Sessions Judge hearing the case in the trial court to proceed further in the matter after hearing the parties on the basis of a report by the CBI to close the case against the two accused.
Justice Garg said if the trial Judge accepted the report to close the case, then the matter might come to an end subject to orders, if any, against the erring officers.
However, if the Judge felt that despite the closure report, it was a case fit for proceeding further against the petitioners (accused persons) he might pass appropriate orders uninfluenced by what this Court had stated while disposing of this case, Justice Garg clarified in his order.
The only rider would be that while passing the orders, the Additional Sessions Judge would not be influenced by the report of the Special Cell in this matter, the order stated.
The Court directed the parties to appear before the trial Judge on September 14.
The High Court orders came on appeals by the two accused against the trial court order.
The CBI had in its closure report submitted before the trial court that the charges against the two accused were baseless and they were innocent. It had urged the court to close the case and discharge the accused. But the court had rejected the plea.
The CBI had investigated the charges against the two on a direction by the High Court. The Court had passed the direction for investigation by the CBI on petitions by the two terrorists alleging that they had been implicated in the case.
