Analysis

High Court accepts CBI’s report in l'affaire Irshad and Qamar

New Delhi: Delhi High Court has overruled lower court's verdict in which, while describing CBI's report as incomplete it had refused bail to alleged terrorists Irshad Ali and Moarif Qamar who were given clean chit by CBI. The High Court also rejected Delhi Police's Special Cell's plea about implicating these two people in terrorism, saying that when the case has been transferred to CBI, Special Cell has no role. With this verdict of the High Court, acquittal of Irshad Ali and Moarif Qamar has now become almost certain.

Being a sensitive case in which Delhi Police Special Cell and CBI were at loggerheads, High Court’s Justice Mool Chand Garg had sought the views of Attorney General of India, GE Vahanvati who said in his report to the court that when the case has been passed on from Special Cell to CBI, Special Cell's views have no meaning and its interference is illegal. In the light of these views of the Attorney General, Justice Garg overruled the verdict of the lower court and ordered it to again start hearing of this case without relying on Special Cell's report. It may be noted that these persons, Irshad and Moarif had been working as police informers. At one point, IB had asked them to join terrorist camps in Kashmir and spy on their activities and plans, which they refused. At this, police arrested them in May 2003 at Delhi and falsely charged them with being members of Al Badar terrorist group. (NA Ansari)

This article appeared in The Milli Gazette print issue of 16-30 September 2009 on page no. 19

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