The Delhi high court on Friday directed a lower court to resume the hearing on a plea by Syed Mohammad Kazmi, arrested in the Israeli diplomat terror attack case, challenging the extension of the probe period in the case.
Justice Manmohan issued direction to additional sessions judge (ASJ) S.S. Rathi for resumption of hearing on Kazmi’s revision petition filed against the extension of time granted to the police to conclude its probe into the bombing of an Israeli diplomat’s car here in February.
Kazmi’s counsel Mehmood Pracha had moved the application before the HC on July 11. “The (high court’s) order dated July 2 may be modified to the extent that the proceedings in the criminal revision before Judge Rathi be allowed to continue on issues apart from the competence of the CMM (chief metropolitan magistrate) to grant/extend the custody in the said matter,” the petition had said.
The high court had on July 2 suspended the hearing and the June 8 order of the ASJ who had questioned the magistrate’s power to extend the judicial or police custody of an accused under anti-terror law Unlawful Activities (Prevention) Act. Meanwhile, Kazmi again moved the magisterial court on Friday seeking bail on the ground that the Delhi police got the probe period extended in a “malafide and calculated move”.
Kazmi said “the investigating agency has failed to file the chargesheet as mandated by Section 167 (2) CrPC (according to which on expiry of period of 90 days, the accused shall be released on bail).