Dawood aide's plea against jail warden rejected

New Delhi: A complaint by fugitive underworld don Dawood Ibrahim's alleged aide Khalil Ahmed, accusing a head warden Tihar jail, where he is lodged, of beating him and demanding bribe from him and other inmates, has been dismissed by a Delhi court.

Additional Sessions Judge (ASJ) Rajneesh Kumar Gupta dismissed Khalil's plea saying he could not produce any evidence to prove his "general allegations."

The sessions court's order came on Khalil's appeal against a magisterial court's order, which had earlier on March 25, last year had dismissed his complaint against him.

Khalil, arrested for his alleged role in an extortion case, had moved court for initiation of criminal proceedings against Head Warden Dilbagh Singh, for allegedly beating him and demanding bribe from him as well others.

He had said he had applied to the warden for his treatment in a hospital, but he refused his plea and demanded Rs 500 to allow him the favour.

"Khalil in his complaint as well as in his testimony has not stated the time when he has given the application to the accused (warden). He has also not stated in his testimony as well as in his complaint what type of medical problem, he was facing on the date of alleged incident, for which he wanted treatment. His testimony is not supported by any reliable evidence on record," the ASJ said.

"Keeping in view the aforesaid judgments and the facts on record, I am of the opinion that there is no prima facie material on record to proceed against the accused Dilbagh Singh," the judge said upholding the magisterial court order.

Khalil had produced seven other inmates as witnesses to prove his case. The inmates also told the court that the head warden used to demand Rs 500 from the Khalil as well as from the others for providing them medical treatment.

They also claimed to have seen the warden beating Khalil with a 'danda' and also abusing him.

The court, however, said the witnesses "made general allegations of demand of money, harassment and of abuses and of threat against the accused".

"None of these witnesses has deposed about any specific date and time about these alleged acts of the warden. Their testimonies does not inspire confidence," the judge said.

Khalil, who was wanted in 34 criminal cases of extortion, murder, dacoity, kidnapping, assault, intimidation and attempt to murder, was arrested by the Special Cell of Delhi Police in 2009 from a place near India Habitat Centre here on the complaint of Delhi-based businessman Qmar Ahmed.

The businessman had alleged that in February 2009, two persons had come to his shop and had handed a mobile phone to him, forcing him to speak to Khalil, who demanded Rs 10 lakh from him, threatening that if he fails to meet his demand, his family would be eliminated.

In its charge sheet, the police invoked MCOCA against him saying he was running a crime syndicate and is involved in 34 cases of extortion, dacoity, kidnapping, assault, murder, intimidation, attempt to murder etc from 1985 to 2009.

The court, however, had absolved Khalil from the charges under stringent law MCOCA on November 16, 2011, saying that the police had failed to prove that he was running an organised crime syndicate.

The court, however, had said there was sufficient evidence for his prosecution for criminal intimidation, extortion and threatening the businessman under the provisions of Indian Penal Code.