New Delhi: Delhi Police were on Wednesday asked by a court here to clarify whether any fresh evidence has emerged against top Lashkar-e-Toiba (LeT) bomb expert Abdul Karim Tunda who has been chargesheeted in a case lodged in 1994 in connection with recovery of explosive substances.
Additional Sessions Judge Bharat Parashar told the special cell of Delhi Police that if there was no new evidence against Tunda, then it will be a "futile exercise" to proceed with the case.
The court also said that in the case, in which supplementary charge sheet was yesterday filed against Tunda, some of the accused arrested earlier have already been acquitted by the trial court.
"If the evidence is the same and the judgement has attained finality, I cannot do anything...Why should we go on a futile exercise"? the judge said.
The court also asked the police whether the grounds, on which accused were acquitted earlier, have been covered in the supplementary charge sheet filed against Tunda.
Additional Public Prosecutor Rajeev Mohan, however, sought time from the court to give clarifications on the issues raised by it after which the matter was listed for hearing on February 18.
"Certain clarification have been sought. The APP has sought some time. Put up for February 18," the court said.
Police had yesterday filed its charge sheet before the court against Tunda in the case under the stringent anti-terror law Terrorist and Disruptive Activities (Prevention) Act (TADA) and the Explosive Substances Act.
Tunda, one of the 20 terrorists India had asked Pakistan to hand over after the 26/11 Mumbai attacks, is currently in jail under judicial custody.
Police had earlier taken Tunda in its custody to quiz him in connection with the case.
It had told the court that 72-year-old Tunda was declared a proclaimed offender in the case relating to recovery of explosive substances lodged in 1994 at south Delhi`s Malviya Nagar Police Station.
Police had also said some accused were arrested on January 17, 1994 and 150 kg explosives and six daggers were recovered from their possession.
Tunda, arrested from Indo-Nepal border on August 16 last year, is suspected to be have been involved in 40 bombings in India.
Earlier, police had informed a court here that Tunda was involved in 33 terror attack cases between 1994 and 1998 in Delhi and other states.
While 22 cases have been registered in the national capital, there are 11 cases against Tunda in Punjab, Haryana, Uttar Pradesh and Rajasthan including one being probed by CBI, it had said.