A status report stands filed by the Assistant Commissioner of Police, NDR OC, Special Cell, Lodhi Colony, Delhi which has reiterated the allegations about the arrest of the Petitioners brother and Mohd.
Rajender Kumar, one Chinese pistol star Mark .30 calibre along with 8 live cartridges in its magazine was recovered.
Muarif Nawab and Irshad ali were kept in separate pulindas and marked as MI respectively and sealed with the seal of VKT.
During their interrogation, both the accused Irshad Ali Deepak S o Mohd.
On measuring the length of the barrel and body 19.4 cms, magazine 10.8 cms, butt 8.9 cms and diagonal length of pistol is 21.5 cms Number 19396 is engraved on the butt of the pistol.
The allegations about the false implication of the Petitioners brother are, however, companytroverted and denied.
It appears that usual numberices, as provided, were issued on order to search the brother of the Petitioner.
While issuing the numberice, the High Court did number grant any stay of the investigation and or the proceedings before the companyrt of companypetent jurisdiction, despite the fact that a prayer to that effect had been made.
Thereafter the team members in 3 private vehicles and 2 two wheelers armed with official weapons as per Malkhana register, departed from the office of Special Cell, Lodhi Colony at about 4.30 PM and reached G.T. Karnal Depot at 5.30 PM where Insp.
One white polythene companytaining a mixture of black and white oil based explosive material kept in a black polythene and was also companycealed beneath the layers of clothes.
Moarif Qamar Nawab and the other accused Mohd.
The remaining recovered explosive kept back in black polythene, pulinda prepared and sealed with the seal of VKT.
Sanjeev Kumar, ACP Special Cell led by Inspector Mohan Chand Sharma was formed to develop this information and identify Irshad and his whereabouts in Sultanpuri area, Secret sources were deployed.
Deora Bandhoh, P.O. Jogiara, PS Jale, Distt.
JK 02 Y 0299 with a companysignment of explosives, arms ammunition and will alight at Mukarba Chowk, near Karnal Bypass in the evening.
Irshad Ali.
The Special Cell of the Delhi Police, filed a chargesheet before the trial companyrt on 6th May, 2006 when the matter was pending before the High Court.
Observing that the CBI had number investigated all the aspects of the allegations, the Court also numbericed that in the order dated 4th August, 2008, the High Court numbered that transfer of investigation from Special Cell to CBI had been directed, and further, filing of charge sheet after companypletion of investigation, which was pending before the Court of companypetent jurisdiction had been directed.
On checking the blue companyoured bag recovered from the possession of Nawab, one white envelope companytaining number electronic detonators, one ABCD green companyoured Timer, one AB cream companyoured Timer was also recovered which was companycealed beneath the layers of clothes including one light blue companyoured shirt and dark gray companyoured pant in the bag, and from the red green companyoured bag recovered from the possession of Irshad Ali mentioned above, apprehended by SI Ravinder Tyagi with the help of Ct.
During the 3rd week of January, 2006 information was received through Central Intelligence Agency that militant of Kashmir based Organisation has set up a base in Delhi.
On measuring the length of the barrel and body 19.4 cms, magazine 10.8 cms, butt 8.9 cms and diagonal length of pistol is 21.5 cms, Number 33030545 is engraved on the barrel and body of the pistol.
P.C. for issuance of Writ, Order or Direction in the nature of Mandamus to the Respondents to transfer the investigation of case FIR No.10/2006 dated 09.02.2006 of the Police Station Special Cell, under Section 121/121 A/122/123/120 B IPC read with the Section 4/5 of Explosive Substance Act and Section 25 of Arms Act to an independent agency like CBI on the allegation that his brother Moarif Qamar Nawab was falsely implicated in a serious case like the present one on the basis of a totally companyked up story.
In fact, on 12th December, 2005, a report was lodged regarding disappearance of respondent number2 by his family members at Police Station, Bhajanpura, Delhi.
The investigation leads the police to pinpoint the Petitioner being a member of terrorist organization, namely Al Badar and companysequently, after usual investigation, a charge sheet has been filed against both the accused persons.
JK 02 Y 0299 companying from Jammu.
In the writ petition, it was stated to be a mala fide exercise of power.
Irshad Ali were apprehended by the officials of Special Cell and about the recovery of the companytraband articles like explosive and detonators.
It was demanded of him that he should join a militant camp in Jammu Kashmir in order to give information with respect their activities to the Intelligence Bureau.
D 1334, PIS No.
One Irshad Ali Deepak is frequently visiting Kashmir to get arms, ammuniation and explosives or the instructions from their Kashmir based Commanders.
Cursory search of the above mentioned persons was companyducted and from the right dhub of the pant worn by Mohd Muarif Qamar Nawab mentioned above, apprehended by me with the help of Dalip Kumar, one Chinese pistol star Mark.30 calibre along with 8 live cartridges in its magazine was recovered.
Muarif Qamar Nawab R o Vill.
Muarif Nawab and kept in a cloth pulinda and sealed with the seal of T and the green red companyour check bag recovered from the possession of accused Irshad Ali companytaining clothes was kept in a pulinda sealed with the seal of VKT and CFSL forms were filled up and sealed with the seal of VKT.
Out of this two samples of 10 gms each were taken out in white plastic small jars.
Not only this, the brother of the respondent number2 also sent a telegram to the Prime Minister, Home Minister and Police Commissioner on 7th and 10th January, 2006, but to numberavail.
On weighing the explosive was found to be 2 kg.
Seal after use was handed over to SI Ravinder Kumar Tyagi.
Muarif Qamar Nawab R o Bajanpura, Delhi is companying from Jammu in JK SRTC Bus No.
The High Court on 9th May, 2006 passed the following order The Petitioner has filed this petition under Article 226 of the Constitution of India read with the Section 482 Cr.
Facts Irshad Ali Deepak, Respondent No.1, in the present appeal was working as an informer of the Special Cell of Delhi Police in the year 2000.
After detailed investigation, the CBI filed the closure report on 11th November, 2008 stating that the accused persons were working as informers of Special Cell of Delhi Police and Intelligence Bureau Officials and that it was a false case.
Sample explosive were marked as S1 and S2 and sealed with the seal of VKT.
Muarif Qamar Nawab r o Bhajanpura, Delhi is also associated with the militant organization.
On numberice being issued to the Respondent State.
At this stage, it will be pertinent to refer to the FIR that was registered against the accused persons, relevant part of which can usefully be extracted herein To, the Duty Officer, PS Special Cell, Lodhi Colony, New Delhi.
Today on February 09, 2006 at about 4 PM, one of these sources telephonically informed SI Vinay Tyagi in the office of Special Cell, Lodhi Colony that Irshad A.li sic Deepak along with his associate Mohd.
Yunus Ali R o F 247 A, Inder Enclave, Phase II, Sultnpuri, Delhi aged 30 years and Mohd.
At about 7.35 PM, above mentioned Irshad and Nawab were identified by the informer when they had alighted from the bus No.
However, the said respondent refused to do the job and companysequently claims that he has been falsely implicated in the present case.
During the development of this information, it was revealed that both Irshad Ali and nawab had gone to JK on the directions of their handlers to receive a companysignment of arms and explosives.
Both were scene sic carrying blue and green red check companyoured airbags each on their right shoulders.
This application was opposed by the Special Cell, Delhi Police, who filed a detailed reply.
Upon receiving the numberice, Delhi Police filed its status report before the High Court reiterating the companytents stated in the above FIR but companyceding to the fact that the accused persons were working as informers of the police.
Date and time of sending the rukka 09.02.2006 at 10.15 PM.
All of them went away citing genuine excuses.
In the meantime, team posted near by was alerted and when they were about to cross the outer Ring Road to go towards Rohini side, were overpowered.
The above named brother of the Petitioner was reported to be missing ever since 22.12.2005 and a companyplaint to that effect was lodged at PS Bhajanpura, Delhi.
Sanjay Dutt, myself, SI Subhash Vats, SI Rahul, SI Ravinder Kumar Tyagi, S.I Dalip Kumar, SI Pawan Kumar, ASI Anil Tyagi, ASI Shahjahan, HC Krishna Ram, HC Nagender, HC Rustam, Ct.
On 11th December, 2005, it is stated that he had a heated companyversation with the Intelligence Bureau officials for whom he was working.
During the companyrse of developments of information, it came to knowledge that above numbered Irshad Ali Deepak is resident of Inder Enclave, Phase II, Sultanpuri, Delhi.
As per the directions of senior officers, a team under the supervision of Sh.
February 09, 2006 at 7.35 PM, place of occurrence Outer ring road, Mukarba Chowk, near Inter State bus stand, Delhi.
Rukka is being sent to you for registration of the case through SI Ravinder Kumar Tyagi.
I have heard learned companynsel for the parties.
Muarif Qamar Ali, filed an application before the Trial Court in terms of Section 227 of the Code with a prayer that in view of the closure report submitted by the CBI, he should be discharged.
The blue companyoured airbag and clothes recovered from the possession of accused Mohd.
Date and time of offence.
He is also visiting different parts of the companyntry to spread the network of the militant organizations.
This information was recorded in Daily Dairy sic and discussed with senior officers.
The ABCD timer and AB Timer were kept in a plastic jar and sealed with the seal of VKT marked as T and 3 number electric detonators along with envelope were kept in a transparent plastic jar with the help of companyton and sealed with the seal of VKT marked as D. The recovered Star Mark pistol from the possession of accused Mohd.
Aggrieved by the action of the Delhi police, brother of the accused filed a petition in the High Court of Delhi stating the harrowing facts, the factum that both the accused were working as informers, and that they have been falsely implicated in the case and, inter alia, praying that the investigation in relation to FIR No.10 of 2006 be transferred to the CBI.
He was also working in a similar capacity for Intelligence Bureau.
After filing of the report by the CBI, the accused respondent number2, namely, Mohd.
28862091, Special Cell NDR OC, Lodhi Colony, New Delhi dated 09.02.2006.
This writ petition was filed on 25th February, 2006 upon which the Delhi High Court had issued numberice to the respondents therein.
Sanjay Dutt asked 6/7 persons to join the police party after disclosing them about the information.
A team companysisting of Insp.
Primarily, his profession and means of earning his livelihood was working as a rickshaw puller.
Sanjay Dutt and was deployed around Mukarba Chowk, Interstate Bus Stand.
In the entire record, it was number stated that the respondents were working as informers of these agencies.
Irshad Ali in the above circumstances, the report has, however sustained the allegation about a report in regard to the missing of the brother of the Petitioners having being lodged with the police as far as on 28.12.2005.
Both the respondents were described as terrorists.
Sd English SI Vinay Tyagi No.
It also came to numberice that one Mohd.
The police party was briefed by Insp.
Case be registered and further investigation be handed over to SI Rajpal Dabas, D 882, PIS No.
28860555 who has already reached at the spot as per the direction of senior Officers who had already been informed about the apprehension and recovery of explosives, arms and ammunition from their possession.
Sanjay Dutt met the informer.
Lastly, a numberice was got published by SHO, Bhajanpura, Delhi in Delhi Hindustan Times in its edition dated 09.05.2006 which is precisely the date on which it is alleged that the brother of the Petitioner and another person were apprehended by the police when they were returning from Jammu Kashmir by Jammu Kashmir State Transport Roadways bus near Kingsway Camp, Mukraba Chowk and a Chinese made pistol, certain detonators and 2 Kg of RDX were recovered from the Petitioners brother and 2 Kg of RDX were recovered from companyaccused Mohd.
