HC transfers Delhi Police case to CBI
New Delhi, May 9 (UNI) The Delhi High Court today allowed a mandamus writ petition seeking transfer of a case from the special cell of Delhi Police to the Central Bureau of Investigation (CBI).
Justice RC Jain observed, "the court is of the view that it is a fit case calling for independent probe by the CBI. The manner in which the petitioner's brother was apprehended by the special cell of Delhi Police has given rise to suspicion." Md Qasif Ali the petitioner, represented by Zafar Sadiqui, submitted before the court that his brother Md Moarif Qamar alias Nawab, had disappeared on December 22, 2005, entailing the family to lodge a complaint with the Bhajanpura police on 28 December 2005.
He added that the police had also got the missing report published in a newspaper on February 9, 2006.
However, Mukta Gupta, appearing for the Delhi police, submitted that the special cell of Delhi Police at Lodhi Road lodged an FIR against Md Moarif Qamar alias Nawab and Md Ershad Ali on February 9, 2006 for waging war against the state and under Arms Act and Explosive Act after arresting them at Karnal road by pass and recovering chinese pistols, timers, 2 kg RDX explosive from their possession.
She said that the accused had been returning from Jammu and Kashmir on the fateful day.
She also submitted that Md Moarif Qamar alias Nawab had confessed to working for Al-Badr, a terrorist outfit.
And therefore, she added, the act of disappearance may have been deliberate ploy to visit training camps in Pakistan for the terrorist activities.
The petitioner submitted that his brother languishing in the custody of the police had confessed to having worked as an informer for the special cell of the Delhi Police.
He accused the Delhi police of vendetta against his brother for refusing to continue working as an informer.
Justice RC Jain has asked the CBI to submit a status report to the court within 4 weeks.
UNI SSS SK HT1747