Suspended Jammu and Kashmir DSP Davinder Singh, arrested while ferrying two Hizb-ul-Mujahideen terrorists in a vehicle on the Srinagar-Jammu Highway earlier this year, moved a Delhi court on Wednesday seeking bail.
Singh and another accused in the case — Irfan Shafi Mir — moved the applications seeking statutory bail, claiming that the charge sheet was not filed within requisite 90 days period, as prescribed under law.
The application is scheduled to heard by Special Judge Dharmender Rana on Thursday.
Advocate MS Khan, counsel for Singh, said in the bail application that “the accused persons should be granted bail since the charge sheet was not filed within requisite 90 days period, as prescribed under the law, nor was any permission was sought by the court to extend the 90-day period.”
The advocate also said in the application that the accused are not required further custodial interrogation and that no purpose will be served by keeping his clients in further custody.
The application stated that Singh and Mir were arrested on March 14 and 19 respectively and are no longer required by the police for the purpose of investigation.
“The accused are wrongly and falsely implicated in the case. There is no material/ evidence to show the existence of any conspiracy to commit any act with intent to threaten or likely to threaten the unity, integrity, security or sovereignty of India and there is also no material to substantiate that the accused had the intention or conspired to carry out terror strike,” the application said.
The plea also added that the accusations against them are not well founded nor substantiated by any material and do not give rise to the existence of prima facie case against the accused.
Singh was suspended from the Jammu and Kashmir Police in January this year. The Special Cell had brought him to Delhi from Hira Nagar Jail in Jammu and Kashmir.
He was arrested in a case related to planning/ execution of terror attacks in Delhi and other parts of the country.
According to the police, he used to chat with other co-accused and militants of Hizbul Mujahideen through various internet platforms.
Earlier, the police had told the court that Sayed Naveed Mushtaq, the commander of Shopian district of Hizbul Mujahiddeen, and others were planning to execute terror attacks in Delhi and other parts of the country as well as carry out targeted killings of protected persons.
“Mushtaq, along with other militants of Hizbul Mujahideen, was planning to execute terror attack in Delhi and other parts of the country and targeted killings of protected persons,” the police told the court.
Delhi Police has filed an FIR under Section 120B (criminal conspiracy) of the Indian Penal Code (IPC). The FIR said the youths of Jammu and Kashmir and Punjab are being trained for carrying out terrorist 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 terrorist 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.