A recent Delhi High Court directive requiring personal appearance of the Union Home Secretary to explain which of the two agencies, Delhi Police or National Investigation Agency (NIA), is probing the “larger conspiracy” of Indian Mujahideen of fomenting terrorism, has triggered heated discussions in the corridors of the North Block.
Court directs Union Home Secretary to appear and explain
According to sources, the agencies have been advised to take necessary measures through legal consultations to ensure that the issue is resolved without bringing the Union Home Secretary into the picture.
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For its part, the NIA is perturbed over the “factually incorrect and one-sided” reporting of facts pertaining to the High Court order dated March 20 in a section of the media.
The High Court, in its latest order, has recorded the NIA submission that pursuant to an order in June 2012, it had registered a case against some terror suspects. A month later, the Delhi Police Special Cell registered a separate case on similar facts, after which the NIA wrote to the Ministry of Home Affairs (MHA) requesting merger of both the cases and transfer of probe to the NIA. The Ministry finally decided in favour of a merger and directed the Special Cell to hand over papers to the NIA. Despite repeated reminders, no case files were transferred.
Instead, in December 2012, the Delhi Police approached the MHA requesting to reconsider the decision and, were told that it would lead to legal complications.
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While the Delhi Police filed a charge sheet in the case, the NIA was later made party to the court proceedings. This after two of the accused arrested by the Special Cell moved a bail application. The NIA submitted before the court that it had not probed the case, whereas the police said the case had been transferred to the NIA. “The same shows callous attitude on the part of the Delhi Police,” said the High Court order.