The 3 men were arrested by Delhi Police Special Cell in August last yr for allegedly receiving arms training as part of a terror module
Waquar Hasan | Clarion India
NEW DELHI — A Delhi court has granted bail to three Muslim men after the Delhi police failed to file chargesheet against them within the mandated period of 180 days in a case allegedly being part of a “terror module” linked to Al-Qaeda in the Indian Subcontinent (AQIS).
On Tuesday, the Patiala House Court ordered the release of Umar Farooq, Hasan Ansari and Arshad Khan arrested by the Delhi Police’s special cell in August last year in Rajasthan’s Bhiwadi district over the allegation of receiving arms training.
“Admittedly, applicant/accused persons, namely, Umar Farooq, Hasan Ansari and Arshad Khan have been arrested on 22.08.2024. Despite lapse of statutory time period of 180 days, the charge-sheet in the instant matter has not been filed against them. Ld. Addl. PP submits that the investigation qua them is still pending. In my considered opinion, there is no embargo on the powers of the investigating agency to investigate the matter further, however, after the lapse of statutory time, the accused persons are entitled for statutory bail,” Additional Sessions Judge Hardeep Kaur observed in the order.
Talking to Clarion India, advocate Abubakar Sabbaq, who was representing the accused in the court, said that they were released because there were no evidence against them.
“They failed to file chargesheet because of lack of evidence. It has been six months since they were arrested but no chargesheet was filed against them,” Sabbaq told Clarion India.
Sabbaq said that the police have falsely implicated innocent people to polarise the atmosphere ahead of Jharkhand election.
“In order to create communal atmosphere, false case was filed. The police have failed to come up with any solid evidence against the accused. Witnesses are being coerced to testify. The accused are also being coerced to be government’s witness. They are also being threatened. During the investigation, they are also being assaulted,” said the advocate.
They have also filed complaint with the court about the police assault during the investigation.
The Delhi police in collaboration with Jharkhand’s Anti-Terror Squad had arrested 11 suspects including a doctor Dr. Ishiaque Ahmed, who was working with a major private hospital in Ranchi. The police claimed that Ahmed was leading a terror module and conspiring to carry out terror activities. Six were arrested in Rajasthan’s Bhiwadi district while eight others were detained from Jharkhand and Uttar Pradesh.
“Jharkhand ATS, STF, Ranchi Police and Delhi Police carried out joint operations and eight suspects are being questioned. Some illegal weapons, mobile phones, laptops and incriminating documents are being verified,” Jharkhand Police’s IG, Operations, Amol Vinukant Homkar had claimed.
The police filed chargesheet against only 8 suspects among 11 accused arrested in August. Sabbaq said that there is no solid evidence even against them.
“Even against those who were chargesheeted, there is no solid evidence. Whatever there is a witness against them has been coerced into doing so with threat. They file false case and later, it is proved to be false case,” said Sabbaq.
The terror cases against the members of the Muslim community are often viewed with suspicion as a large number of Muslims were acquitted in the terror cases. They are declared innocent many years after languishing in jail.
In March 2023, the Rajasthan High Court acquitted four men – Sarvar Azmi, Saifur Rahman, Mohammad Saif and Salman who had been sentenced to death by a special court in 2019 in the case involving serial bomb blasts which rocked Jaipur on May 13, 2008, killing 71 and injuring 185 people.
