A Delhi Police anti-terror cell inspector today approached a special court saying he should be heard before considering NIA's charge sheet giving clean chit to Sayyed Liyaqat Shah, arrested in 2013 by the police claiming he was a Hizbul Mujahideen terrorist.
The police's Special Cell inspector Sanjay Dutt, who was first informant of the case that was later transferred to NIA, filed an application seeking direction to NIA to supply him the copy of charge sheet as well as evidence collected by it during the probe into the case.
In its charge sheet, National Investigation Agency (NIA) has named absconder Sabir Khan Pathan as the main accused who had allegedly planted weapons on Liyaqat to project him as a terrorist. It has given a clean chit to Liyaqat saying there were no prosecutable evidence against him.
In his application before District Judge Amar Nath, the Delhi Police official said "it is necessary and in the interest of justice that the applicant (Dutt) be heard before consideration of the cancellation report filed by NIA seeking discharge of accused Sayyed Liyaqat Shah."
"It is, therefore, most respectfully prayed that this court may graciously be pleased to permit the applicant being the first informant/complainant to be heard in person as well as through his counsel before consideration of cancellation report filed by NIA....," the plea said.
The court posted the matter for November 6 and asked NIA and advocate Asim Ali, representing Liyaqat, to file their responses on the plea.
Meanwhile, the NIA today filed its reply in the court on a plea filed by Liyaqat seeking discharge from the case.
"The NIA also prayed in the above said charge sheet for the discharge of Sayyed Liyaqat Shah....Since no prosecutable evidence was adduced against him during the investigation pertaining to the allegations in the FIR," the reply said.
"The court may take a view after considering the prayer of the NIA in the above mentioned charge sheet," it said.
