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Journalist Syed Mohammed Ahmad Kazmi,arrested for his alleged role in the February 13 bomb attack on an Israeli diplomat’s car here,was today denied bail by a Delhi court that said the evidence prima facie showed that he had a role to play in the terror strike.
“Suffice is to say at this stage that on the basis of call detail records of the mobile phone recovered from the applicant and the statement of witnesses,it is clearly apparent that the basis of allegations against Kazmi of conspiring with the actual assailants are there,which prima facie show that he had a role to play in this terror strike,” Chief Metropolitan Magistrate Vinod Yadav said.
He also held that “the investigation is still in progress and during investigation the material collected so far unerringly discloses at this stage that Kazmi was in touch with some of the terrorists who had planned the strike in three countries simultaneously upon the diplomats of a particular country.”
“Considering the gravity of offences,the severity of punishment prescribed under the law for such offences,the stage of investigation and the large scale international ramifications of the investigation,I am not inclined to admit applicant on bail at this stage.
“The application for bail is accordingly dismissed,” the court said.
“From the perusal of the material it is apparent that Kazmi was in touch with the assailants,he probably got money in relation to this conspiracy as well,for which the Enforcement Directorate has already issued notice to him and his wife and he said proceedings are going on before appropriate forum,” it said.
“Further,the vehicle stated to be used by the assailants for a recce of the Israeli Embassy was recovered from the residence of Kazmi,” the CMM said.
The court also held that as per the provisions of the Unlawful Activities Prevention Act,the investigating agency is entitled to investigate the matter even up to 180 days from the day of Kazmi’s arrest.
He also said that “there is further evidence that one of the assailants in a different country had applied for Indian visa simultaneously with one of the accused persons who is suspected of having given effect to the actual strike in this case; but one who was arrested in a different country did not come to India and had rather moved to another country.
“The other terrorists who have been arrested in other countries were in touch with each other through applicant (Kazmi),” the court said.
The court did not mention the evidence in the order considering the prayer of Delhi Police that doing so can hamper the ongoing probe.
Earlier,Kazmi’s counsel Gajinder Kumar had argued that the investigating agency had not sought his further police remand which showed that he had already disclosed whatever information he had and that the police had arrested him in false charges of conspiring and facilitating the accused persons who carried out the strike.
He also said Kazmi had not received any financial benefit in the case and the foreign currency recovered from him was his son’s who gets his salary in dollars.
Kazmi’s conusel also said the from the material so far collected by the police,he is liable for offences punishable under section 201 and 202 IPC for failing to give information of the crime to the police,which are bailable offences.
Public Prosecutor Rajiv Mohan,however,vehemently opposed his bail plea saying he is charged with offences punishable with life imprisonment.
He also said that the investigation was at a very initial stage and the police was yet to form its opinion in the form of a chargesheet.
The court,before denying bail to Kazmi,perused the case diaries produced in the court by the Special Cell.
Kazmi,who claims to have been writing for an Iranian publication,was picked up by the Special Cell of Delhi Police after the probe showed he had been in touch with a suspect who is believed to have stuck the magnetic bomb on Israeli diplomat Tal Yehoshua’s car on February 13.
Yehoshua and an Indian driver of the Embassy vehicle were among the four people injured in the blast.
The police has slapped on him charges under Unlawful Activities Prevention Act,Explosives Substances Act and carious provisions of the Indian Penal Code including attempt to murder and criminal conspiracy.
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