New Delhi: A convict facing death penalty for the attack on the American Centre in Kolkata in 2002 has been discharged by a Delhi court in a separate case of
securing bail on the basis of fake surety.
A chargesheet was filed against Aftab Ansari, who is on death row, in the national capital along with two others following a complaint by a sessions judge in April 2002 for
submitting false evidence during the course of proceedings in a criminal case.
He was alleged to have secured bail on the basis of bogus and non-existing surety through fake documents and by deceiving the court in the case registered against him in
1995.
As the matter came up before the court of Chief Metropolitan Magistrate Kaveri Baweja for framing of charges, counsel for Ansari, Anoop Kumar Sharma, submitted that there
was no material to indicate that the accused has asked any of the co-accused to furnish fake surety for his release.
He further submitted that the accused who was in custody at that time had no knowledge about the offence.
"The evidence collected by the investigating agency does not indicate as to whether Ansari had any role to play in the entire transaction. There is not even an iota of evidence but disclosure statement to the effect that he had paid Rs 6,000 to co-accused Sat Narain," the court said.
Narain had made a disclosure statement on June 5, 2002 that another accused Ram Avtar had furnished fake documents to secure bail for Ansari.
The proceedings in the matter were conducted through video-conferencing as Ansari is lodged in a Kolkata jail.
Avtar, who has been declared proclaimed offender, had made a disclosure statement that he was asked by Narain to secure bail for Ansari by furnishing forged documents.
In its order the court, however, noted that the disclosure statements were not sufficient to proceed against the accused.
"In view of the settled law that the disclosure statements are not admissible in evidence, I find that there is not even a shred of incriminating material against the accused Ansari who is discharged," Baweja said.
The Calcutta High Court had in February this year upheld the death penalty awarded to Ansari and another person for the attack on American Centre in the morning of January 22, 2002 killing six policemen and injuring 14 others.
Ansari was arrested from Dubai and was deported to India on February 9, 2002.
Dubai-based Ansari was alleged to be part of an outfit Asif Reza Commando Force (ARCF) having links with Harkat- ul-Jehadi-e-Islam (HuJI).
PTI
First Published: Sunday, March 14, 2010, 10:24