SC seeks CBI's response to missing Malegaon blast case suspect

The Supreme Court has sought the response of the CBI and others on a plea seeking the whereabouts of one Dilip Patidar, who has been missing ever since he was allegedly picked up by Mumbai anti-terrorism squad (ATS) in 2008 in connection with Malegaon blast probe.

A bench of Justices P Sathasivam and Ranjan Gogoi also issued notice to Madhya Pradesh and Maharashtra governments as well as the Mumbai ATS on the special leave petition filed by Indore resident Ramswaroop.

Senior advocate M N Krishnamani, appearing for the petitioner, challenged the Madhya Pradesh High Court order of July 3, closing the case after the CBI filed a “vague” status report stating that the chargesheet would be filed against the accused persons in the ATS after obtaining necessary sanction.

The petition filed by advocate Anish Kumar Gupta alleged that Mumbai ATS, which picked up Dilip with the help of Indore police after midnight on November 11, 2008, had cooked up a story that he was allowed to go after recording his statement last time on then November 16 in order to facilitate him to bring his identity proof. The HC also failed to appreciate the call details of Dilip’s mobile phone allegedly showing that he was with the ATS at the relevant time.

“The HC ought not to have closed the habeas corpus petition at this stage and ought to have monitored the further proceedings to see to it that the real culprits are booked and brought behind the bars,” it said. The petition also referred to the CBI’s conclusion in its status report filed on July 11, 2011 in the HC which specifically stated that ATS, Mumbai had detained Dilip Patidar in illegal custody between November 11 and 20, 2008 and it was for them to explain his whereabouts.