Court seeks police response on Kazmi`s allegation

Last Updated: Saturday, March 17, 2012 - 19:29

New Delhi: Amidst allegations that Israel`s
intelligence agency Mossad was interrogating Syed Mohammed
Ahmad Kazmi, arrested for the February 13 diplomat`s car
bombing, a court here on Saturday asked Delhi police to file an
affidavit giving its response.

Though Delhi Police denied the allegations, Chief
Metropolitan Magistrate Vinod Yadav, apparently not convinced
with the oral submission, wanted the cops to state on
affidavit and sought the official register of the officers
questioning the suspect.

On Kazmi`s complaint that besides Delhi Police "Israeli
officials (Israeli Intelligence Agencies, Mossad etc), are
lined up to interrogate him daily and they are not in unifrom
in order to hide their identity, CMM Yadav said "the reply of
the Special Cell is silent about the wearing of uniform and
name tags by the interrogating officers. Let a detailed reply
be filed."

He also sought to know "if any register of names of
persons interrogating Kazmi is being maintained and, if not,
facts be stated by way of an affidavit by officer not below
the rank of Deputy Commissioner of Police."

The magistrate further told the police that "he (Kazmi)
is a human being and not a chatel or a property."

Chief Metropolitan Magistrate Vinod Yadav made the remark
as Delhi Police opposed Kazmi`s counsel`s submission that "he
has become a lab testing pig" who is being harassed in custody
and is being interrogated by "not only the officials of Delhi
Police but also by officials of other investigating agencies
as every day he sees a new face interrogating him."

Delhi police however, submitted the "interrogation of the
accused is being conducted as per law without causing any
sort of harassment whatsoever to him. The allegations levelled
are false and denied," the Delhi Police Special Cell told the
court in a written reply.

"Investigation of the case is at a very initial and
crucial stage and hence interrogation of the accused is being
conducted by the undersigned (Delhi Police) and not by any
foreign agency," police said.

The court also asked the police to put on record whether
it has supplied the copy of arrest memo to Kazmi detailing
the ground of his arrest.

Kazmi`s counsel Vijay Agarwal also prayed to the court to
allow him to be present during part of his (Kazmi`s)
interrogation, if not throughout, so that he can see his
interrogators.

"I request that I be allowed to remain present during his
interrogation, if not throughout. He may not be able to see me
but I should be able to, even if I may not be able to hear
him. And if I see any person other than Delhi Police official
interrogating him, I would file an affidavit," Agarwal said.

The court asked the Delhi Police to suggest a manner
whereby Kazmi`s counsel can be permitted to be present during
his interrogation and a balance needs to be struck between the
right of the investigating agency to interrogate the accused
and the accused`s right to legal assistance.

The CMM also rejected police`s argument that the presence
of a lawyer would amount to interference.

"How can we presuppose that the presence of a lawyer
would amount to interference?" he said.

Kazmi, who was remanded in police custody till March 27,
had on Thursday complained of custodial harassment and alleged
he is being harassed in custody and is being forced to
"confess a crime he never committed."

Kazmi, who claims to have been writing for an Iranian
publication, was picked up by Special Cell of Delhi Police
after a probe showed he had been in touch with a suspect who
is believed to have stuck the magnetic bomb on Israeli
diplomat Tal Yehoshua`s car on February 13.

Yehoshua and an Indian driver of the Embassy vehicle were
among four people injured in the blast.

PTI



First Published: Saturday, March 17, 2012 - 19:29

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