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