By TwoCircles.net Staff Reporter,
New Delhi: The National Investigation Agency (NIA), which gave a clean chit to Sayyed Liaqat Shah on terror charges, has indicated that it may charge Delhi police Special Cell officers for making up a fake case.
The NIA, in a major jolt to Delhi Police Special Cell, had on Saturday, January 25 filed a charge sheet giving a clean chit to Sayyed Liaqat Shah, a Kupwara (Jammu and Kashmir resident), who was arrested by Delhi Police in 2013 on terror charges. The charge sheet also pointed out instances raising substantial suspicion over investigation by Delhi police.
March 22, 2013 photo of Liaqat Shah, when Delhi Police special cell had arrested him terming him Hizbul Mujahideen militant. NIA on Saturday absolved Shah of all terror charges. (Courtesy: The Hindu)
In March 2013, the Special Cell had shown Shah’s arrest from Gorakhpur in Uttar Pradesh, claiming that he was a a member of the banned Hizbul Mujahideen and that he was intercepted when he was trying to sneak into the country through the Nepal border. It had also claimed to have seized an AK-56 rifle, three hand-grenades and some other articles from a guesthouse in the Walled City area here at his instance.
Amidst allegations by Shah’s family of illegal arrest by Delhi Police, the Home Ministry transferred the case to the NIA on March 28, 2013. The NIA – evident through its charge sheet – completely trashed the Special Cell’s investigation and instead raised fingers over its ill intention of framing Shah in the case.
The 26-page charge sheet submitted by NIA on Saturday before the special judge of NIA cases here clearly raises suspicion on a high ranking officer of Delhi Police Special Cell. Interestingly, names of police officers have been blackened in the charge sheet available on the NIA official site, but the Economic Times claiming to have the original copy of the charge sheet has named Deputy Commissioner of Police (DCP) Sanjeev Kumar Yadav and six other Special Cell officers responsible for falsely framing Shah in the terror case.
NIA charge sheet details
Relying upon the original copy of NIA charge sheet, the ET has reported that DCP Yadav was constantly in touch – on phone – with one Mohammad Aslam Haqla, a Jammu & Kashmir resident who had gone to Nepal to receive Shah and bring him to India in 2013. Shah, who was coming back to India from Pakistan under the surrender-cum-rehabilitation scheme, was arrested by Special Cell Inspector Dharmender Kumar at Sanauli border post as soon as he entered India.
“Investigation revealed that Haqla, who was to bring Shah back from Nepal, was in touch with the investigating officers prior to the arrest indicates that the events as unfolded in the case were not mere coincidences,” the NIA charge-sheet has said.
“Haqla spoke to DCP Yadav on March 15, 2013 while he was leaving Srinagar before proceeding to Nepal via Delhi, during which he also briefed the DCP about his visit to Nepal,” it further says. The charge sheet alleges that Haqla was in touch with DCP Yadav through four mobile numbers while he was in Srinagar as well as in Nepal for the purpose of receiving the returnees.
The NIA has also discarded Delhi police’s theory of recovery of weapons and ammunition from a room in a Jama Masjid guest house on the instance of Shah and has alleged it to have been planted by one Sabir Khan Pathan, who has been termed as “an informer cum follower” in the team of Special Cell Inspector Sanjay Dutt and who was “staying at the Barracks of Police Station, Special Cell/New Delhi Range.”
“A detailed analysis of phone records indicates that during Pathan’s stay (March 20-21, 2013) at Haji Arafat Guest House, Urdu Bazar, Jama Masjid, he was in touch with Delhi Police personnel, who were associated with the instant case. During this period, he spoke with Head Constable Mohammad Iqbal Dar 34 times, Inspector Sanjay Dutt three times and once each to Inspector Rahul Kumar, Head Constable Manish and Gulvir Singh,” the charge sheet reads, adding, “The call pattern of Pathan suggests that he was being directed by his associates located at Delhi to accomplish the task assigned to him during the operational period.”
However, none of the Delhi Police Special Cell officer has been named as an accused in the NIA charge-sheet but the agency has said its investigation was still on to “unearth the larger conspiracy” involving the absconding accused Pathan regarding placement of the weapons, and to establish the role of his associates and their complicity in the allegations involving scheduled offences.
“Examinations of these persons, along with the documents in respect of the surrender application revealed that Sayyed Liaqat Shah, did not come into India, with the immediate express intention of carrying out an attack on vital installations in India,” the NIA charge sheet reads at one place, adding, “The disclosure statements of Sayyed Liyaqat Shah recorded by Delhi Police does not stand as legally sustainable evidence, in respect of his association with any banned organisation.”
Absolving him of any culpability in the territory of India, the charge sheet in the end prays to the court to discharge him from the case before recording, “… further, in the absence of any evidence of any act in India or Pakistan, it would be difficult to ascribe any culpability to him under law in the present case”.
NIA likely to indict Special Cell officers
The NIA has discharged Shah from the case and has charged Sabir Khan Pathan under Sections 25(1-A) and 25(1-B) of the Arms Act, Section 5 of the Explosive Substances Act, and Sections 465, 471 & 174-A of the Indian Penal Code. But it has not completely shut the doors of its investigation and hence there is a possibility that it may charge special cell officers for making up a fake case.
“We will submit a report on the role of Special Cell officers to the Union Home Ministry. It is up to the Ministry to decide further course of action,” an NIA official was quoted by The Hindu, indicating that the agency has gathered evidence against some police officers in the matter.