Mumbai: In yet another major embarrassment for Delhi Police Special Cell, a Session Court at Tis Hazari on September 26 acquitted two Kashmiri Muslims arrested in what now turned out to be a fabricated terror case, and ordered action against the policemen who were involved in their arrests.
The Delhi court in its judgement - pronounced September 26 the written copy of which lawyers received Tuesday, acquitted Javed Ahmed Tantray and Ashiq Ali Bhatt, and ordered the Delhi police commissioner to initiate immediate action against the police officers who had arrested the two men. The court gave the police commissioner a month's time to file his report on what action he has taken, said Akram Khan, defense lawyer MS Khan's aid and a lawyer himself, while talking to ummid.com.
The court in its judgement observed that the two men were picked up from Amarnath Express and were falsely implicated in the said case.
Javed Ahmed Tantray and Ashiq Ali Bhatt were arrested on August 6, 2009 in New Delhi along with huge cache of arms and ammunition. Justifying their arrest, police had claimed that the two were plotting terror strikes in New Delhi on Independence Day at the instance of Pakistan-based HM chief Syed Salahuddin.
After the acquittal of the duo in the case, questions are now being raised about the source of the "huge cache of arms and ammunition" that the Delhi police had claimed to have seized from them.
As against the court observation that the two were arrested from Amarnath Express and falsely implicated in the case, the police had claimed that the two were coming from Jammu to Delhi in a car.The Delhi police chargesheet said, two alleged HM militants Javed Ahmed Tantray and Ashiq Ali Bhatt left Jammu for Delhi on the morning of August 6 in a car bearing registration number HR – 36 C 3036, carrying two assault rifles and two hand grenades. However, the defnse lawyer exposed the police theory with the help of toll plaza records and other evidence.
"As per the records of two toll plazas in Ambala and Karnal, their car crossed the tolls at 6.45 pm and 7.41 pm, respectively and reached Daryaganj in Delhi at around 11 pm. Interestingly, the same car has been recorded as crossing the tolls at 7.48 am and 8.42 am, respectively on the same morning. If Tantray and Bhatt had left Jammu on August 6, how come their car was present hundreds of kilometers away in Haryana?" asked lawyer MS Khan, Tantray's lawyer.
Delhi police had also claimed the two assault rifles were hidden below the rear seat of the car stolen from Panipat four months before the incident. But witnesses said there was no cavity below the rear seat to keep rifles due to the petrol tank of the car.
This is not the first time that Delhi police have faced embarrassment. Recently, they had arrested Liyaqat Ali Shah claiming that he was planning terror strike in New Delhi. Later investigations however revealed that the charges against Liyaqat Shah were wrong and fabricated.
Similarly, investigating agencies in Andhra Pradesh and Maharashtra had also arrested Muslim youth in terror cases that took place in Hyderabad and Malegaon respectively. But investigations later revealed that the cases against them had no substance, and the blasts at the two places were actually the handiworks of terrorists associated with the right wing Hindu organisations.
Arrests of Muslims in false cases are reglularly taking place in India. The community leaders are raising the issue with the government but to no avail.
A week ago, Home Minister Sushil Kumar Shinde had written a letter to all chief ministers urging them to make sure that no innocent Muslim is framed in a false case. But, he was criticised by the Hindutva parties including the BJP.
Muslim leaders too termed Shine's letter a poll-time gimmick. "We don't want such letters. We want action. If the government is really serious on the issue, it shoudl release all those Muslims who are in jail in false cases", Samajwadi Party MLA in Maharashtra Abu Asim Azmi said.
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