Human Rights

Delhi Police appeals to SC against High Court, CBI, Solicitor General!

New Delhi: Irshad Ali and Mo’arif Qamar, the famous duo who are still in jail were at one time police informers. On one occasion when they did not agree to carry out the Delhi Special Cell’s order, the cell falsely accused them of belonging to the terrorist organisation Al-Badr and arrested them in 2006. The lower court, on the basis of Special Cell’s claim, sentenced them to jail. When their case came up for hearing in Delhi High Court, their lawyer, advocate Sufian Siddiqi, informed the Court that they were not terrorists but in fact were IB and police informers. The advocate requested the High Court to order CBI to look into this case. On High Court’s directive, CBI started investigation and in its report gave clean chit to both of them and told the High Court that they were, in fact, police informers and the special cell has deliberately implicated them in terrorism and got them jailed because they had refused to do its biddings. The lower court, on special cell’s report which had described them as belonging to Al-Badr terrorist organisation, had pronounced them guilty.  The cell refused to accept the CBI report and persisted in its attempts to justify its claims. Ultimately the Solicitor General of India, E. Vahanvati appeared in the High Court on 1 August 2009 and said that since the matter is in CBI’s hands, Special Cell has no role now. Accordingly, on the basis of CBI’s report, Delhi High Court ordered the release of both these people on bail. The High Court also directed the lower court not to pay any attention to the Special Cell and proceed with the case on the basis of the CBI report and finalise the case within six months. But even after six months the lower court neither pronounced its verdict on the basis of CBI report nor proceeded further in the case. On the contrary, the special cell ignored High Court’s verdict and filed an appeal in the Supreme Court, requesting for stay on High Court’s verdict for the duo’s release on bail. This case will now come up in Supreme Court for hearing.

There have been many cases in the past when police has been using its informers for many nefarious activities and even for falsely implicating innocent persons but when the informers refused to do its biddings, police implicated them in false cases or eliminated them in fake encounters. Since the informers very well know the dirty games played by police, it feels afraid that it will be exposed by disgruntled informers.

This article appeared in The Milli Gazette print issue of 1-15 September 2010 on page no. 11

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