NIA picked up UAE man, detained him, then ‘made him say’ he came on his own

The NIA claims that Fahath’s father, Faizan Ahmed Sultan, is a “key logistics man” of the Indian Mujahideen (IM). According to the family, which originally belonged to Azamgarh in UP, both father and son were kept in custody for several weeks in Ajman, UAE, before being put on a plane to India.

While seeking Faizan’s custody in court on May 3, the NIA conceded it had nothing against Fahath. It said that the men had been arrested at Delhi airport, but made no mention of their alleged “deportation” or “extradition” from the UAE. The defence has told the court that Fahath had been “kidnapped and detained” to force his father Faizan “to sign a confession”.

Faizan’s custody ends on Friday, when he will be produced in court. The NIA says he “is being investigated for having harboured other absconding IM operatives”, and for “providing assistance” to the outfit.

Faizan and Fahath were taken to the NIA camp office at the Chhawla camp of the BSF’s 25th Batallion on May 2, immediately after they had been interrogated for four hours inside the terminal building of IGI Airport.

According to Fahath, at the time of his release two days later, he was given two notices, one of which was dated May 2, and the other, May 3.

The notices, which have been accessed by The Indian Express, were identical, and signed by Vikas Vaibhav, chief investigating officer. The first notice asked Fahath “to attend before me at BSF 25th Bn. Chhwala Camp, ‘B’ Mess, New Delhi on 03.05.2014 at 1100 hrs for the purpose of answering certain questions relating to the case”.

The second notice, dated May 3, asked Fahath to present himself before the officer “on 04.05.2014 at 1400 hrs”.

The first notice gave Fahath’s address as “New Delhi Airport, New Delhi”; the second said only “New Delhi”.

However, the undertaking that Fahath was allegedly made to sign before he left the camp on May 4, appears to contradict the two notices dated earlier.

It also says that he had been “deported” from the UAE, which is a formal process involving the governments of the two countries.

The undertaking, signed by Fahath and countersigned by witnesses, says: “I Fahath Ahmed Azmi S/o Faizan Ahmed Sultan… on being deported from UAE, had come to NIA Camp Office, at BSF, Chhawla Camp, Chhwala,  New Delhi along with my father, who was arrested by the NIA on 02.05.2014, at my own.

“Today, i.e. on 04.05.2014, I have left the said NIA Camp Office… During my stay at the said NIA Camp Office, I had no inconvenience/difficulty whatsoever and I am leaving… in good health condition. I have no complaint whatsoever against any NIA official.”