A Delhi court is likely to decide on Monday the fate of two men, termed as Al-Badr militants by the city police but later given clean chit by the CBI, after being directed by the High Court to reconsider their plea for discharge.
The High Court had on August 28 referred the matter back to the trial court directing it to consider a CBI’s report, seeking their discharge.
It had stated that the trial court will decide the matter on the basis of findings of the CBI closure report without being influenced by the charge sheet filed against them by the Delhi police.
“As the investigation was transferred by this court to the CBI, which not only took over the investigation but also filed a closure report, that report will have to be taken into consideration by the sessions judge to proceed further,” the high court had said.
Irshad Ali and Moarif Qamar were arrested by the Special Cell of Delhi police in 2006 on the suspicion of being Al-Badr militants in alleged possession of arms and ammunition.
But the duo alleged frame-up prompting the High Court to direct a probe by the CBI which held the two as innocent and recommended action against three Delhi police officers for implicating them.
The duo claimed that they were acting as Intelligence Bureau’s informers and the Special Cell of Delhi Police had picked them up from Dhaula Kuan area of Delhi on December 12, 2005.
Their arrest was formally shown on the day when a notice of their being missing was published in a newspaper on February 9, 2006, following a complaint lodged with Bhajanpura police station by their family members.
The CBI in its closure report in November last year had said the duo were framed by the Delhi Police’s Special Cell.
The agency had demanded a thorough probe against three police officials Vinay Tyagi, Ravinder Tyagi and Subhash Vats for allegedly lying on oath as well as planting fake evidence including arms and ammunitions on the duo.
The Delhi Police, in its charge sheet, had levelled serious charges under the IPC, including that of waging war against the country, against the duo, besides slapping them with the provisions of the Explosive Substances Act.
It alleged that the accused linked with Jammu and Kashmir militants outfit Al-Badr were apprehended from G T Karnal Road here along with RDX, timer devices and two Chinese pistols.
