New Delhi: Suspended Jammu and Kashmir DSP Davinder Singh, arrested while ferrying two Hizb-ul-Mujahideen youth in a vehicle on the Srinagar-Jammu Highway earlier this year, was granted bail on Friday by a court here in another terror case filed by Delhi Police after it failed to file a charge sheet within the prescribed time period.
Singh and another accused in the case Irfan Shafi Mir were granted the relief by Special Judge Dharmender Rana in the case filed by the special cell of Delhi police, who noted that it failed to file the charge sheet within 90 days from their arrest, as prescribed under the law.
In the bail applications filed on behalf of the accused, their lawyer M S Khan said that neither the police filed charge sheet within statutory period of 90 days, nor any permission was sought from the court to extend that period.
Considering the fact that despite the lapse of statutory time limit to complete investigation, charge sheet in the instant matter is not filed till date, both the accused persons are entitled to be released on bail, the judge said, while granting the relief on a personal bond of Rs 1 lakh each and two sureties of like amount.
Singh, however, will remain in jail since he has yet not secured bail in the case filed by the National Investigation Agency (NIA) in relation to his arrest on January 10 this year while ferrying two Hizb-ul-Mujahideen militants in a vehicle on the Srinagar-Jammu Highway.
The case was initially lodged by J&K police which was later taken over by the NIA.
Singh was suspended from the Jammu and Kashmir Police in January this year.
In the current case, filed by the special cell of Delhi Police under section 18 (conspiracy for terror acts) of stringent UAPA and section 120-B (criminal conspiracy) of IPC, Singh and Mir were arrested on March 14 and 19 respectively.
The special cell had brought Singh to Delhi from Hira Nagar Jail in Jammu and Kashmir.
The case relates to planning/ execution of terror attacks in Delhi and other parts of the country.
According to Delhi Police, Sayed Naveed Mushtaq, the commander of Shopian district of Hizbul Mujahiddeen, and others were planning to execute attacks in Delhi and other parts of the country as well as carry out targeted killings of protected persons.
The FIR said the youth of Jammu and Kashmir and Punjab are being trained for carrying out militancy activities.
The FIR also mentioned the mafia’s D Company and Chhota Shakeel. According to the FIR, Delhi Police’s Special Cell had received an input that the D Company, run by fugitive Indian underworld kingpin Dawood Ibrahim, is funding pro-Khalistan organisations in Punjab.
Davinder Singh was taken in custody under the same FIR.
The special cell had also interrogated Singh regarding the Khalistan angle, police said.
Enough evidence against Singh, will file charge sheet in due course: NIA
The National Investigation Agency (NIA) on Friday said it had “adequate evidence” against tainted Deputy Superintendent of Police of Jammu and Kashmir Davinder Singh, arrested in a terror case, and a charge sheet would be filed against him in due course.
In a brief statement, a spokesperson of the NIA said Singh continued to be in judicial custody in the case filed by the agency.
“We have adequate evidence against him and he will be charge-sheeted in due course,” the NIA said in the statement.
Singh was on Friday granted bail in a separate case filed by the Delhi Police.
The NIA had taken over the terror case on January 18, a week after Singh was caught in south Kashmir while ferrying two militants out of the valley on January 11.
Besides Singh, the others arrested were two militants –commander of Hizbul Mujahideen Syed Naveed Mushtaq Ahmed alias Naveed Babu and Rafi Ahmed Rather — and Irfan Shafi Mir, who claims to be an advocate.
Later on January 23, Naveed’s brother, Syed Irfan Ahmed, was also arrested after he was brought from Punjab. He was in constant touch with his brother and had asked him to look for an accommodation in Chandigarh where they could stay to escape the harsh winter months of Kashmir.