By IANS,
New Delhi : Delhi Police filed a fresh charge sheet against a suspected Hizb-e-Islami militant and sought a retrial Tuesday, nearly three months after he was acquitted by a court here.
Ayaz Ahmed Shah, a suspected militant, was acquitted by a city court in January after the Special Cell of Delhi Police failed to take necessary sanctions for charging him with waging war against the country under the Indian Penal Code and possessing explosives under the Explosive Substance Act.
In the fresh charge sheet, the police submitted to the court that they had obtained requisite sanctions in accordance with law for prosecution of the accused.
Taking cognisance of the charge sheet, Chief Metropolitan Magistrate Kaveri Baweja summoned the accused before the court May 27.
Shah, a resident of Anantnag, was arrested from a Metro station in east Delhi Jan 22, 2004, by a Special Cell team led by Inspector M.C. Sharma – who was killed in the Batla House shootout Sep 19, 2008.
Police had arrested Shah allegedly while carrying with him Rs.3 lakh of hawala money, and accused him of acting on direction of Pakistan-based Asif (one name).
However, the court had cleared him of all charges giving him the benefit for lapses police officers committed while investigating the case.
The court, acquitting the accused, had then noted: “It appears that the officers of the Special Cell were not vigilant enough in procuring the required sanction and treated the present case as an ordinary one under the Arms Act and that has resulted in all the lapses which are apparent on records.”
The police officers had taken the sanction from the police commissioner who is not authorised to do so.