The Delhi High Court has refused to order the release from jail of an approver in the Delhi High Court blast case of 2011, saying that he has received threats from his co-accused for giving evidence.

The special judge trying the case had pardoned Aamir Abbas Dev on turning approver and recording his statement, giving full details of the case, some of which also incriminated him. The judge had ordered that he remain in custody till recording of his statement.

However, a new judge took charge of the special court and ordered that the approver remain in jail till the trial ends.

The public prosecutor in the case and the National Investigation Agency (NIA), which probed it, had informed the special judge that they had no objection to Dev’s release on being pardoned following recording of his statement under Section 164 of the Criminal Procedure Code.

Since he was examined and cross-examined, no purpose would be served by keeping him in custody, counsel for Dev submitted.

However, a Division Bench of Justice P.K. Bhasin and Justice V.P. Vaish dismissed Dev’s appeal.

In view of the threats to his life and family, the Bench said it was “not inclined to entertain his request for his release from jail, even in exercise of the powers under Section 482 Cr.P.C”.

The Bench noted: “From the record of this appeal we find that the appellant himself had, while getting his statement recorded under Section 164 Cr. P.C., informed the Additional Chief Metropolitan Magistrate (ACMM) that he had received threats from his co-accused Wasim.”

According to the Bench, Dev had said he received threats from one Adil from Pakistan, saying he as well as his family would be killed if he deposed against Wasim Akram Malik.

“He also had stated that he was being threatened through one or two other persons who were lodged in his jail. Similar apprehension was expressed by him before the ACMM at the time of recording of his second statement under Section 164 Cr.P.C, after he had moved the application for grant of pardon to him,” the Bench said.

  • Aamir Abbas Dev received threats from a co-accused

  • Public prosecutor, NIA did not object to his release

  • Aamir Abbas Dev received threats from a co-accused