Delhi High Court has sought the view of Attorney General of India GE Vahanavati in the case of two alleged police informers framed as Al-badr terrorists and jailed in Tihar since 2006.
The Delhi Police’s special cell “arrested” Mohammed Arif Qamar and Irshad Ali from GT Karnal Road, North Delhi on February 26, 2006.
The police claimed the duo had 2 kg RDX and pistols with them at the time of arrest. But soon after their arrest the duo moved the Delhi High Court to prove their innocence. The court then ordered a CBI inquiry.
After probing for 2 years, the CBI filed a closure report in November 2008 in the lower court seeking their discharge. The CBI claimed both were victims of conspiracy hatched by the special cell in collaboration with Intelligence Bureau (IB) operatives.
The CBI report said while Qamar was abducted from his Bhajanpura house on December 22, 2005, Ali had gone missing from his Sultanpuri house 10 days earlier.
Their relatives had lodged police complaints about their sudden disappearance.
On February 9, 2006 the family members were told that both had been arrested with 2 Kg RDX and pistols.
The CBI felt it was clear that they were kept in illegal detention by the special cell all this while.
But the lower court rejected the CBI report and ordered continuation of the prosecution of the two alleged terrorist in February 2009. This forced Qamar and Ali to approach the Delhi High Court for the second time.
Sufian Siddiqui, their counsel, argued before the court that since the CBI had conclusively falsified the entire case of the special cell after an in-depth investigation, the accused ought to be discharged immediately.
But the special cell in a fresh affidavit stated that the two were in touch with Pakistan-based terrorists.
“A peculiar situation arises…. I feel that the issues raised by the parties pertain to the issues of internal security of the country and it would be appropriate to hear the attorney general on the issue who may take a view in the matter on the basis of the report filed by CBI and the chargesheet of the police,” Justice MC Garg observed.
The Attorney General is to respond to the court notice on July 17, the next date of hearing.