New Delhi: NIA on Wednesday opposed the bail plea of suspected Hizbul militant Liyaqat Shah, who was arrested for allegedly conspiring to carry out terror attacks in the national capital, in a Delhi court which allowed it to take his DNA samples.
The National Investigation Agency (NIA) opposed his plea saying that he has been booked under the provisions of stringent anti-terror law Unlawful Activities (Prevention) Act (UAPA) and for offences under various sections, including waging war against the country, of the IPC.
Forty five-year-old Liyaqat was arrested on March 20 while crossing the Indo-Nepal border in Gorakpur with his family. Liyaqat contended that he had come to surrender under the Jammu and Kashmir government`s rehabilitation policy.
Delhi Police, which arrested him soon after he had crossed the border, said Liyaqat was involved in the conspiracy to carry out terror attacks in the capital ahead of Holi.
During an in-chamber hearing, District Judge I S Mehta allowed NIA`s plea and directed it to collect blood and hair samples of Liyaqat tomorrow, court sources said.
During the hearing, the court also reserved its order for May 17 on the bail plea of Liyaqat.
Sources said during the arguments, Liyaqat`s counsel told the court that his client was returning to India via Sunauli border, one of India-Nepal crossing points near Gorakhpur, to surrender but he was arrested by the special cell of Delhi Police on March 20.
Liyaqat`s counsel Asim Ali told the court that his client was accompanied with his wife and children when he was arrested and the probe agency has not been able to establish his links with any crime.
Regarding the alleged recovery of arms and ammunitions from Jama Masjid area here, Liyaqat`s counsel said that it was not recovered at his instance as alleged by the special cell.
Seeking bail, he said that no substantial evidence has been found against Liyaqat during the investigation till date.
The NIA told the court that their investigation in the case was still going on. The Home Ministry had on March 28 issued a notification facilitating NIA to take over the case after his arrest had generated conflicting versions from Delhi and J&K police.
Liyaqat is presently lodged in Tihar jail and is in judicial custody till May 18. The sources said Liyaqat, in his application, had said that he should be granted bail as he is in custody since March 20 and no concrete evidence has been found against him by the probe agencies.
While Delhi Police had claimed that with Liyaqat`s arrest they had foiled a `fidayeen` (suicide) attack in the national capital ahead of Holi, the J-K Police insisted that he was one of those who had exfiltrated in 1990s and returned to India to surrender under the state`s rehabilitation policy.
The special cell of Delhi Police had earlier said that Liyaqat, a resident of Jammu and Kashmir, was apprehended from Indo-Nepal border area and had told his interrogators that he is a trained militant of banned terror group Hizbul Mujahideen and was settled in Muzaffarabad in Pakistan Occupied Kashmir (PoK).
Police had said that Liyaqat and his associate Manzoor, a resident of J&K, were directed by top ranks of Hizbul to carry out terror attacks in Delhi.
It had said that based on inputs given by Liyaqat, a huge consignment of arms, hand grenades and explosive material were recovered from a guest house in Jama Masjid area here. It had said that his associates, including Manzoor, are absconding.
A case was registered under sections 120 B(criminal conspiracy), 121 (waging war against government of India), 121 A (conspiracy to commit offences against the State) and 123 (concealing with intent to facilitate design to wage war) of IPC against them.
According to Delhi Police, Liyaqat had planned attacks to avenge the hanging of Parliament attack convict Afzal Guru.
J-K Police, however, had supported the claims of the family of Liyaqat that he was a former militant who had surrendered before SSB on the Nepal border and was in a group returning from PoK under the rehabilitation policy.