Delhi Police probe will be hampered if IM men's custody given to NIA: Court

New Delhi: Delhi Police was given preference over NIA to quiz Indian Mujahideen (IM) men Tehsin Akhtar and Zia-ur-Rehman alias Waqas by a court here as the continuity in the probe done by the local cops, who caught them, would have been broken if they were handed over to the federal agency. Further, the court was also conscious that taking away the custody of the prized catches from the special cell would jeopardise the ongoing probe carried by it so far because it has only 30 days of mandatory time-limit to interrogate them while in custody.Additional Sessions Judge Daya Prakash sent Tehsin, Waqas and three suspected IM operatives in the custody of special cell till April 15, saying, “If at this stage, the accused are handed over to NIA, the whole investigation so far as conducted by the special cell will result in failure as police custody can be granted till 30 days only from the initial date of arrest.“It is the Special Cell of Delhi Police, which arrested the accused first and since the date of arrest, the special cell has the police custody of the accused and they are in the process of the investigation which is yet to be completed,” the judge said in his order.The order came after a tug of war between the two probe agencies in which the special cell had its way with the court remanding the accused to its custody while brushing aside the claims of NIA to quiz them first.“Once the accused are handed over to NIA, the period of 30 days as envisaged may lapse,” the court said and took note of the submissions of the special cell which had argued that it had got permission from Ministry of Home Affairs to conduct the investigation in the case.“Accordingly, the special cell is granted further 13 days police custody to complete the investigation i.e upto April 15,” the court said.Heated arguments between NIA and Delhi Police had taken place yesterday when Tehsin and Waqas, along with Mohd Maroof, Wakar Azhar and Mohd Saqib Ansari, who all were arrested by the special cell last month, were produced before the court with their faces muffled after expiry of their police custody. During the arguments, Delhi Police prosecutor Rajiv Mohan had said that the special cell was given permission by Ministry of Home Affairs by an order on March 21, 2013 to investigate the case and if the accused were handed over to NIA at this stage, the whole probe conducted by it would fail. Meanwhile, the Anti Terrorism Squad (ATS) of Mumbai Police had also moved applications in the court seeking custody of Waqas and Tehsin, saying they were wanted for their alleged roles in various blasts cases there. The ATS had said that on July 13, 2011, three powerful bombs exploded at Opera House, Zaveri bazar and Kabutarkhana in Mumbai causing casualties and non-bailable warrants were also issued against both the accused last year. “It is respectfully submitted that custody of accused Waqas and Tehsin may kindly be handed over to officers and staff of the Anti-Terrorism Squad, Mumbai....,” it had said, adding that they be allowed to formally arrest them. ATS Mumbai also moved a separate plea seeking custody of Waqas in connection with the August 1, 2012 serial blasts in Pune in which four low-intensity bombs had exploded. The court, however, said it was keeping the application of ATS Mumbai, seeking custody of Tehsin and Waqas, pending as the accused have been remanded in the custody of the special cell.Tehsin was arrested on March 25 from near Kakarvitta Indo-Nepal border in Darjeeling district of West Bengal. Pakistan national Waqas was arrested outside Ajmer Railway Station on March 22 and his three associates—Mahruf, Azhar, both residents of Jaipur, and Ansari, a resident of Jodhpur, were arrested by the police on March 23 and thereafter brought to Delhi.