Disposing of the plea for independent probe into allegation by blast accused Naquee Ahmad's brother Taquee, a bench of justices Altamas Kabir and S S Nijjar held the plea to be "too premature" at this juncture, but directed the ATS to give Taquee a seven-day notice if it intends to arrest him or take any action against him.
On Taquee's plea, the apex court had stayed his arrest on February 14 and had sought the replies of the Union home ministry, the Delhi police and the ATS. It had, however, asked Taquee to report to the Jamianagar police every alternate day for cooperating with the investigating agency.
The petitioner had sought a CBI probe complaining that the ATS and the Delhi police had been subjecting him and his family members to harassment by foisting false cases on them.
Taquee, who has also been summoned for questioning by the ATS in the case, has pleaded that the apex court transfer the probe into the blasts case to the CBI or any other central investigating agency.
The petitioner has sought inquiry against the officials of the ATS and the Delhi police's special cell, who "implicated" him in the case.
According to the petition, Naquee was co-operating with the special cell of the Delhi police, keeping in mind that the matter pertained to national security and maintenance of law and order of the country.
"The special cell persuaded Naquee to act as its informer to which he agreed. He was taken to Mumbai to identify the suspects in the bomb blast case. On January 9, Naquee told us that his work was done and he would be returning from Mumbai. However, the next day we were informed that the ATS had arrested Naquee in a forgery case and was later shown as the prime accused in the 13/7 blasts case," the petition filed through counsel Chandra Prakash said
It was alleged in the petition that Naquee has been made a scapegoat to cover up the differences between the ATS and the Delhi police's special cell.
"The petitioner has been receiving threatening calls from a person identifying himself as Ashok Kamat from ATS. Taquee and his family members are being followed by ATS officers all the time thus causing fear," the petition alleged.
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