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Move Rahul case to special court: Delhi Police

Accepting the application, the Special court has directed the police to produce Rahul Mahajan on Monday morning for further hearing.

india Updated: Jun 11, 2006 20:09 IST

Delhi police on Sunday challenged the powers of a metropolitan court in New Delhi to try the drug abuse case against Rahul Mahajan, son of slain BJP leader Pramod Mahajan, and sought its transfer to a special court.

"The Metropolitan Magistrate has no power to hear this case when a special court designated to hear all matters under the NDPS Act is already in existence," the Delhi Police said in its application moved before Special Judge NK Gupta at Tis Hazari complex seeking transfer of the case to it.

Accepting the application, the Special court has directed the police to produce Rahul Mahajan, now lodged in Tihar jail, on Monday morning for further hearing on the application.

This comes after Metropolitan Magistrate AK Chaturvedi, in whose court the case is at present being heard, had termed 'fallacious' the Public Prosecutor's argument that it did not have power to hear a bail application in the case.

"The jurisdiction to conduct trial automatically and inherently includes the right to grant bail, and therefore, this argument is rejected as being devoid of any foundation and appears to be an illustration of intellectual bankruptcy," the Magistrate court had remarked on Friday last, while deferring Mahajan's bail hearing to June 13.