SC notice to Delhi govt on petition filed by Dar

New Delhi, June 19: The Supreme Court today issued a notice to the Delhi government on a petition filed by a Kashmir militant involved in a conspiracy to assassinate President A P J Abdul Kalam and two leading cricketers, including master blaster Sachin Tendulkar.

A vacation bench comprising Justice A R Lakshmanan and Justice Altamas Kabir issued the notice after hearing D K Garg, counsel for petitioner Gulam Mohammed Dar, arrested on August 2, 2002 from Srinagar, who contended that the Delhi High Court has not considered his bail application on merit and hence its order was liable to be set aside.

Dar was arrested under the Prevention of Terrorism Act (POTA) by Delhi police following a disclosure statement made by another Kashmiri militant apprehended earlier that it was Dar who was supplying money and arms to facilitate terrorist attacks on VIPs and other celebrities.

The petitioner challenged a Delhi High court order dated May 19 rejecting his bail application.

The petitioner pleaded that he has been falsely implicated in the case on the basis of his confessional statement recorded by a DCP, Delhi Police, admitting that he wanted to eliminate the President and Tendulkar and that he is an active member of militant outfit Harzat-ul-Zehadi, Islami.

The petitioner also took objection to the hearing of his bail application by a high court bench including Justice J M Malik who was presiding officer of the special court hearing his case before his elevation to the high court.

The high court bench headed by Justice Manmohan Sareen had, however, directed the special judge hearing the case to expedite the proceedings and conclude the prosecution evidence by September 15 as 53 prosecution witnesses in the case had already been examined.

The allegations against the petitioner are that he had received Rs three lakhs from Pakistan based militant outfit for distribution among militants operating in India to facilitate strikes against important persons.

UNI