A special court on Monday fixed May 7 for hearing the NIA's chargesheet, giving clean chit to Sayyed Liyaqat Shah, who was labelled as a terrorist of banned Hizbul Mujahideen two years ago by the special cell of Delhi Police.
The matter was heard by District Judge Amar Nath during in-camera proceedings and according to sources, the court deferred the hearing for May 7 on the ground that it has not yet received any official communication from Delhi High Court, conferring it the power to hear the case.
Sources also said that although National Investigation Agency (NIA) had said that the special court was empowered to hear the case, the judge said he would go ahead only after receiving an official communication from the high court.
Liyaqat, who had on the last date of hearing on January 30, sought exemption from personal appearance through his counsel advocate Asim Ali, appeared before the court on Monday.
The NIA, in its chargesheet, has named absconder Sabir Khan Pathan as the main accused who had allegedly planted weapons on Liyaqat to project him as a terrorist.
The agency, while absolving Liyaqat of terror charges, has submitted its report to the union home ministry seeking permission to carry out investigation against some Delhi police officials for allegedly "conspiring" to target Liyaqat.
He was arrested by the special cell on March 20, 2013, when he was returning from Pakistan-occupied Kashmir to the Kashmir Valley via Nepal at Saunali border with his wife and children.
Liyaqat was then projected as a terrorist by the special cell which had alleged that he had come to carry out terror strikes in the national capital.
Jammu and Kashmir police had protested the arrest, saying Liyaqat was returning home as per the state government's policy of allowing people, who had ex-filtrated to PoK in early 1990s, to return.
Former Jammu and Kashmir chief minister Omar Abdullah had then flagged the issue about Liyaqat's arrest with the home ministry.
Special cell had earlier claimed that on the basis of Liyaqat's disclosure statement, it had conducted a raid at Room No 304, Haji Arafat Guest House at Jama Masjid in Delhi and recovered arms, ammunition and explosives.
The NIA contradicted the claims of Delhi police and said in its chargesheet that probe conducted by it has "revealed that charges against the accused (Liyaqat) were not proved and that he was coming into India to obtain the benefit of the surrender policy of the Government of Jammu and Kashmir."
NIA also said that Khan was allegedly responsible for placing the weapons and explosives in the guest house room and had booked the room at Haji Arafat guest house in Jama Masjid.
Khan was declared a proclaimed offender by court.