New Delhi: Maharashtra’s elite Anti- Terrorism Squad (ATS) has been asked by the Supreme Court to produce a copy of the Act under which it was formed and the functions the force is required to discharge. (Agencies)
A divison bench of justices Altamas Kabir and J Chelameshwar gave the order on Wednesday on a petition filed by Taquee Ahmad, brother of an arrested accused Naquee, seeking a CBI investigation into the 13/7 Mumbai serial blasts.
After hearing the counsel of the petitioner Sanjay Khanna, the court adjourned to next Tuesday further proceedings on the petition to enable the ATS to produce a copy of the enactment under which it was formed and the "functions it is required to discharge."
The interim order passed on February 14 will continue till March two or until further orders, whichever is earlier, the court said.
The Apex court, while seeking response to Taquee's petition from Union Home Ministry, Delhi Police and ATS, had stayed his arrest but asked him to report to the Jamia Nagar police station every alternate day for cooperating with the investigating agency.
Khanna submitted that the ATS had been infringing the fundamental rights of the petitioner without following the due process of law.
Taquee, in his petition, had sought 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.
The petitioner has sought inquiry against officials of ATS and Delhi police’s Special Cell who "implicated" him in the case.
According to the petition, Naquee was co-operating with the Special Cell of 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 in order 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 said.
It was alleged in the petition that Naquee has been made a scapegoat to cover up differences between the ATS and Delhi Police’s Special Cell.
New Delhi: Maharashtra’s elite Anti- Terrorism Squad (ATS) has been asked by the Supreme Court to produce a copy of the Act under which it was formed and the functions the force is required to discharge.