The tug of war between two probe agencies over the investigation against two suspected Indian Mujahideen operatives ended on Thursday, when NIA told the Delhi High Court that it is giving up its claim and the Delhi police will continue its probe against the accused.
The case, lodged by Delhi police in 2012 against the IM operatives, relates to the alleged conspiracy to carry out terror strikes in the national capital by the Pune module of the banned terror outfit. National Investigation Agency (NIA) has also lodged a separate case relating to larger conspiracy of IM in carrying and planning to commit terror attacks across India.
Considering the tussle between NIA and Delhi police and their claim and counter-claim over the investigation, Justice V P Vaish had asked the Union Home Secretary to appear in person to apprise the court, about the anomaly created by the two agencies which work under the same home ministry.
“We have resolved the issue. It is Delhi police and not NIA which will continue with the investigation and subsequent processes”, the counsel for the Centre told the High Court on Thursday. The chargesheet has already been filed by Delhi police, he said. The Director General of NIA and the Special Commissioner of Delhi police, appeared in the court for clarifying the stand of the respective probe agencies.
The court had earlier exempted the Union Home Secretary from appearing in person before Thursday. Earlier, the court had said that Delhi police were not furnishing concrete information about the status of probe. “The same shows that the concerned senior officers of Delhi police slept over the matter for a considerable time, which is not appreciable at all”, the High Court said.
The court had come down on NIA and Delhi police, saying that due to their conduct, it has lost precious time.
“Be that as it may, two contradictory versions are forthcoming before this court, one from the side of NIA that the case was registered by NIA as per the order of MHA and vide order dated October 5, 2012,” it said. “MHA communicated that the investigation of both the cases will be conducted by NIA and Delhi Police was directed to transfer the case FIR 16, 2012 to NIA and the other from the side of Special Cell, Delhi Police, that they have decided to continue with the investigation of this case.”
The court has fixed the case for hearing on May 22.
