Suspended J&K cop granted bail; to be in jail in NIA case
A Delhi court on Friday granted bail to suspended Jammu and Kashmir DSP Davinder Singh after the Delhi police failed to file charge sheet against him during the statutory period of 90 days in a conspiracy case. However, Singh continues to remain in the jail in the case probed by the National Investigation Agency (NIA) in which he was arrested while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway early this year.
Additional Sessions Judge Dharmendra Rana granted bail to Singh and another accused--Irfan Shafi Mir on a personal bond of Rs 1 lakh with two sureties of like amount in the case that Delhi police had filed.
In March, the Delhi police’s special cell(anti terror unit) filed a case against Singh, for alleged criminal conspiracy and activities against the interest of the country.
“…considering the fact that despite the lapse of statutory time limit to complete investigation, charge sheet in the instant matter has not been filed till date, both the applicants/accused persons, namely Davinder Singh and Irfan Shafi Mir are entitled to be released on bail….,” the judge said in its order.
The court’s order comes after both the accused moved a bail application through their counsel MS Khan stating that both Singh and Mir were arrested on March 14 and March 19 respectively and have been in custody since then.
Advocate Khan told the court that the statutory period to file the charge sheet has also elapsed and hence his clients should be granted bail. He also contended that there is no evidence to connect the accused with any terrorist outfit or to show the existence of any conspiracy.
Singh and Mir were booked by the Special Cell under section 120-B (criminal conspiracy) of the Indian Penal Code (IPC). The police claimed the duo was training young people from Jammu and Kashmir and Punjab to carry out terrorist activities. The two were brought to Delhi to investigate whether there were plans to carry out terror activities in Delhi.
Singh is also being investigated by the NIA after he was arrested on January 10 while ferrying two terrorists on the Srinagar-Jammu Highway.
Davinder Singh was intercepted when he was travelling on the national highway to Jammu along with two Hizbul Mujahideen commanders Naveed Babu, Rafi Ahmed Rather. Singh, suspected of going rogue, was arrested under the Unlawful Activities Prevention Act, or UAPA, the anti-terror law.
“Accused Davinder Singh continues to be in judicial custody in NIA case. We have adequate evidence against him and he will be chargesheeted in due course,” an NIA spokesperson said.
During a search of the car, one AK-47 assault rifles, three pistols, five hand grenades, 174 live rounds of AK-47 and 36 live rounds of pistol ammunition and other incriminating material were recovered. After initial investigations by the Jammu and Kashmir Police, the case was taken over by NIA and several teams of the central agency have been questioning the suspended police officer in Jammu.
A senior Delhi Police officer said on condition of anonymity that the special cell is in “no hurry to file a charge sheet just because there is a statutory time limit”.
“We arrested him because we had inputs about his links. We worked on the information derived from him during interrogation and even made some arrests based on that. But we will file a charge sheet only when we have strong evidence against him that will stand in court,” said the officer.
“The main terror charges against him continue to stand and he remains in jail,” the officer added.
Reacting to Singh’s bail, Congress MP Shashi Tharoor tweeted-- “We all want to ask “How did the government allow this to happen?”
But the real question is “How do we as Indians allow the government to get away with this shameful non-performance?”( sic)
To this, NIA replied on Twitter, “Delhi Police had arrested Davinder Singh in a separate case. He continues to be in judicial custody in NIA case. Investigation is in full swing in NIA case and a chargesheet will be filed against Davinder Singh and other accused persons in the first week of July, 2020.”