How police case about ‘plot to attack Delhi’ fell in court
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On April 26, 2007, the Delhi Police Special Cell claimed to have arrested three Lashkar-e-Toiba operatives — one a Pakistani and two of Jammu and Kashmir — from Dilli Haat along with RDX, electronic detonators and grenades, and that this had foiled a fidayeen attack planned during celebrations of the 150th anniversary of the first war of Independence. After five years of trial, additional sessions judge (north), Tis Hazari Courts, Savita Rao this month threw out the terror charges against all three men.
The Pakistani national was, however, found guilty of being in India without a visa and convicted under the Foreigners Act. The Special Cell says it has started proceedings for his deportation, while planning an appeal in the High Court against the acquittals.
Judge Rao observed the prosecution had "miserably failed to establish any link of the accused with any banned terrorist outfit" and "not been able to prove even the recovery of incriminating substances beyond reasonable doubt". Excerpts from the judgment:
Sub-inspector Kailash Singh Bisht sent a rukka to the Special Cell for registration of an FIR, saying, "During the first week of April 2007, secret information was received that commanders of LeT had directed Ammar (codename) of Pakistan, operational chief commander in Jammu & Kashmir, to carry out a fidayeen attack in the capital on the occasion of 150th celebration of the first war of India's Independence..."
On April 26, 2007, information was received that (Shafaquat) Iqbal, along with an associate, was coming from Jammu & Kashmir to deliver a consignment to a Pakistani fidayeen near the entry gate of Dilli Haat. A raiding team was formed… At about 6:45 pm, two persons were seen coming on foot. One was identified by the (police) informer as Iqbal... They sat down on the boundary wall in front of the ticket counter. After about 10 minutes, another person came... Iqbal opened his bag and took out a parcel. On the signal of Inspector Mohan Chand Sharma, they were overpowered…