Proceedings to go on against two suspected Al-Badr men

Trial proceedings against two suspected members of banned terror outfit Al-Badr will proceed in a case of alleged recovery of huge quantity of arms and explosives here in 2006, a Delhi court has said while keeping in abeyance the closure report filed by the CBI.
The court's order came while complying with one of the three options given by the Supreme Court while disposing of a plea filed by one of the accused.
The apex court had asked the trial court to either accept the discharge application of the accused or direct that the trial may proceed further in accordance with law or order for further investigation if it was dissatisfied with any important aspect of the probe already conducted.

According to Special Cell of Delhi Police, Al-Badr's suspected members, Maurif Qamar and Irshad Ali, residents of Kashmir, were arrested by it from Mukarba Chowk on G T Karnal Road in north Delhi in February 2006.
Delhi Police had claimed to have arrested Qamar and Ali from a Jammu and Kashmir Roadways bus with two pistols, 16 live cartridges, three non electric detonators, two timers and two kilograms of explosive material.
After their arrest, Ali's brother had filed a petition in the Delhi High Court stating that both the accused were working as "informers" of the police and they were falsely implicated in the case.

The high court had then asked the CBI to undertake an inquiry into the matter and submit a report to it.

CBI had thereafter filed a closure report before the sessions court in the case claiming that three sub-inspectors of special cell had fabricated the record for implicating both Qamar and Ali.
The court said that the main ground stated by the CBI for filing cancellation report in pursuance of their further investigation was that both accused were working as informers of some of the police officers.
"Even if accused persons are proved to be informers that does not mean that being informers, they cannot commit any offence. Even otherwise, plea of informers is a possible defence which may be taken at the time of culmination of prosecution evidence or at the time of recording of statements of accused persons," the court said.

"I have seen the closure report filed by CBI and material on record and my observation/opinion is that closure report filed by CBI on November 11, 2008 be kept in abeyance till completion of trial and there is no need at this stage to order for further investigation," the judge said.