Israeli diplomat attack: cops contest Kazmi`s discharge plea
New Delhi: The Delhi Police on Tuesday opposed before a court here the plea of Israeli diplomat attack case accused, journalist Syed Mohammad Ahmed Kazmi, that he should be discharged as the probe agency allegedly did not follow the provisions of the anti-terror laws.
Submitting that the issue of alleged non-compliance with the anti-terror laws is pending before the Delhi High Court, the prosecution said the matter should be "closed sine die".
Appearing before Additional Sessions Judge AK Garg, the prosecution said since the issues whether the probe agency followed the provisions of Unlawful Activities Prevention Act (UAPA) and the National Investigation Agency Act are pending before the Delhi High Court in a revision petition, the same cannot be contested before this court.
The prosecution had moved a revision petition in the high court against last year`s sessions court`s order questioning the power of a magistrate to deal with cases under UAPA.
Additional Public Prosecutor Rajiv Mohan also said the matter should be "closed sine die" or adjourned till the time the high court decides the issues whether the cognizance of the case and the manner in which Kazmi`s remands were extended by a magisterial court were bad in law and if they vitiate the proceedings in the case.
"The matter should be closed sine die till the superior
court decides our revision petition. It should be adjourned as there is no question of life and liberty involved. The accused is already on bail and can travel out of state from time to time with the court`s permission," Mohan said.
At this, Kazmi`s counsel said "the prosecution is playing mischief with the court as the Solicitor General had said in the high court that the state will not stop the trial in the case."
Kazmi is the sole accused in the charge sheet filed by the Special Cell of Delhi Police in the February 13 attack in which an Israeli woman diplomat and her Indian driver were injured.
He has been charged under various provisions of Unlawful Activities Prevention Act (UAPA) and other sections of Indian Penal Code (IPC) including attempt to murder.
He has also been charge-sheeted under the provisions of Explosive Substances Act.
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