New Delhi [India], November 19 (ANI): Delhi High Court on Tuesday issued notice to accused persons on an appeal by Delhi police against an order of the trial court refusing to extend the period of investigation up to 180 days in a case registered under Unlawful Activities (Prevention) Act (UAPA) in connection with the Al Qaida in the Indian subcontinent (AQIS) Jharkhand module.
The High Court has stayed the trial court order till the next date.
A division bench of justices Rekha Palli and Saurabh Banerjee issued notice to all accused persons. It directed Delhi police to serve a copy of the appeal.
The High Court after issuing notice listed the matter for hearing on November 26. Interim stay has been granted and till then the period of investigation has been extended.
Additional Public Prosecutor (APP) Lakshya Khanna along with Special Public Prosecutor (SPP) Akhand Pratap Singh appeared for the Special Cell of Delhi police.
They urged to grant a stay on the order passed by the trial court on November 18.
The division bench said that order can’t be stayed ex parte. There is an order in their favour.
Delhi Police said that there is a difficulty that if a stay is not granted the accused persons would be entitled to a default bail.
After hearing the submissions the bench said that the trial court was not convinced with the report of the Prosecutor. Thereafter issued notice to respondents.
Delhi Police on Tuesday had moved the High Court against a trial court order declining the extension of the period of investigation.
The 90-day period of investigation is going to be over today. The Delhi police special cell is investigating the case.
In the morning, APP Khanna mentioned the matter before the division bench of Chief Justice Manmohan.
Earlier, Patiala House Court on Monday dismissed a plea of Delhi police seeking an extension of the investigation period for 90 days to complete the investigation in the AQIS Jharkhand Module case.
In this matter 11 accused including Dr Ishtiyaq of Ranchi are in custody. A module was busted in a joint operation of Delhi police, Jharkhand, Rajasthan and UP police.
Additional Sessions Judge (ASJ) Dr Hardeep Kaur dismissed the plea of Delhi police seeking an extension period of investigation for a further 90 days to complete the investigation after considering the report of the prosecutor.
On September 12, the court remanded 11 accused arrested in the AQIS module case in judicial custody after police interrogation. They are a member of a training module allegedly headed by Dr Ishtiyaq of Ranchi Jharkhand.
Accused persons in judicial custody are Anamul Ansari, Shanaz Ansari, Altaf Ansari, Hasan Ansari, Arshad Khan, Umar Farooq, Ishtiyaque Ahmed, and Mohd. Rizwan, Motiur Rehaman, Rehmatullahi and Faizan Ahmed. They were arrested in August.
Investigation officer ACP Rahul Vikram was present during the hearing.
Accused Hasan Ansari, Anamul Ansari, Altaf Ansari, Arshad Khan, Umar Farooq and Shahbaz Ansari are natives of Jharkhand. They had stayed in Rajasthan for days. Thereafter five more people were arrested from Ranchi in Jharkhand. They were identified as Dr Ishtiyaque Ahmed, Motiur, Rizwan, Mufti Rahmatullah and Faizan.
In a coordinated, intelligence-based operation, conducted by the Special Cell of Delhi Police in association with State Police forces of Jharkhand, Rajasthan and UP, an AQ-inspired module was busted, Delhi police said.
The module allegedly was being led by one Dr Ishtiyaq of Ranchi and was aspiring to declare Khilafat and execute serious terrorist activities within the country, the police said.
The members of the module have received indoctrination and weapons training at various locations. Six individuals were detained from Bhiwadi, Rajasthan while undergoing weapon-handling training.
Apart from this about eight suspects were detained from Jharkhand and UP for questioning. Police have also recovered arms, ammunition, literature etc. from several locations. Police recovered one AK-47 rifle, one .38 bore revolver, 6 live cartridges of .38 bore, 30 live cartridges of .32 bore, 30 live cartridges of AK-47, One Dummy Insas, One Air rifle, One Iron Elbow pipe, One hand Grenade, One Key remote control mechanism, Some wires, One AA size 1.5-volt battery, One table watch, Four ground sheets, One target, One camping Tent, Some biscuits, one chips packet and one water bottle. (ANI)
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