Observing that there was a clear possibility of the police resorting to falsehoods and taking an obstinate stand against a Bhiwandi resident booked for attempting to murder a local VHP member,the Bombay High Court Monday said it had to delve deeper into the case.
The court was hearing a bail application filed by Aakif Nachan,who has been booked along with his relative Saquib Nachan and the latters son Shamil under the stringent Maharashtra Control of Organised Crime Act (MCOCA) and the Unlawful Activities (Prevention) Act for the attempted murder of VHP member Manoj Raicha.
Highlighting inconsistencies in the claims made by police on Aakifs presence at the place where the alleged conspiracy was said to have been hatched in July last year, Justice A M Thipsay said,Under the circumstances,I think it fit to go little deeper into the matter and examine the various aspects involved. It is because there exists suspicion that an obstinate stand is being taken by the investigating agency,and there is clear possibility that they are resorting to falsehoods.
Police had made these claims on the basis of Aakifs call detail records (CDRs).
While the police slapped stringent MCOCA charges on the accused,no case diary was maintained by the investigating officer. The court has sought an explanation to be filed on the next hearing on August 8,when it is scheduled to pass a final order on Aakifs bail application.
Shamil,a 21- year-old engineering student,was granted bail in May by the same court,which said no offence had been made out against him prima facie and that he was dragged into the case by the police because of his father Saquibs involvement in the case.
The court had also questioned the police over terming the offence a terrorist act.
In October 1992,Saquib was arrested for links with one Lal Singh,who was found in possession of arms and ammunition in Gujarat. Saquib was sentenced to 10 years of imprisonment after the Supreme Court held him guilty under TADA. After serving his sentence,he was released from prison in 2001. In 2003,Aakif was arrested in connection with the Mulund train bomb blast. He was granted bail in 2011.
Raicha had alleged that Saquib and one Mulla,who were arrested for the murder of two VHP members Lalit Jain and Suresh Sherekar in 2002,had allegedly threatened to kill him after he rescued during animals brought for sacrifice during Muslim festivals.
In 2008,Saquib was acquitted in the murder cases of Jain and Sherekar.