NEW DELHI: A Delhi court today fixed September 21 to consider NIA's charge sheet giving clean chit to Sayyed Liyaqat Shah, arrested in 2013 by Delhi Police which had claimed he was a terrorist of banned outfit Hizbul Mujahideen and was planning attacks here.
The matter came up for hearing before court of District Judge Amar Nath where NIA supplied the copy of its charge sheet and documents to Liyaqat's counsel.
The court allowed Liyaqat' plea and exempted him from personal appearance till further orders.
During the hearing, advocate Asim Ali, who appeared for Liyaqat, moved an application seeking permanent exemption from personal appearance for his client saying he was a very poor person and cannot spend huge amount of money in journey from Kupwara in Kashmir to Delhi for attending the hearing.
"The applicant is a very poor man and earning livelihood by doing labour work and has five family members to support.
Therefore, the applicant is unable to take long journey from Jammu and Kashmir to New Delhi and spend huge amount on travel and other expenses to appear before the court on each and every date of hearing," the lawyer said.
In its charge sheet, National Investigation Agency (NIA) has named absconder Sabir Khan Pathan as the main accused who had allegedly planted weapons on Liyaqat to project him as a terrorist.
The agency, while absolving Liyaqat of terror charges in its charge sheet, had submitted its report to Home Ministry seeking permission to investigate some Delhi Police officials for allegedly "conspiring" to target Liyaqat.
Liyaqat was arrested by the Special Cell of the police on March 20, 2013 when he was returning from Pakistan-occupied Kashmir to the Kashmir Valley via Nepal at Saunali border with his wife and children.
The Special Cell of Delhi Police had alleged that Liyaqat had come to carry out terror strikes in the national capital.
Jammu and Kashmir Police had protested his arrest, saying Liyaqat was returning home as per state government's policy of allowing people, who had ex-filtrated to PoK in early 1990s, to come back.
The then Jammu and Kashmir Chief Minister, Omar Abdullah, had also flagged the issue of Liyaqat's arrest with the Home Ministry. The case was later transferred to NIA.
The Special Cell had earlier claimed that on the basis of Liyaqat's disclosure statement, it had conducted a search at Room No 304, Haji Arafat Guest House near Jama Masjid in the old city, and seized arms, ammunition and explosives.
However, NIA had contradicted the claims of the police and said in its charge sheet that its investigation has "revealed that charges against the accused (Liyaqat) were not proved and that he was coming into India to obtain the benefit of surrender policy of the Government of Jammu and Kashmir."
NIA also said that Khan was allegedly responsible for placing the weapons and explosives in the guest house room and he had booked at Haji Arafat Guest House. Khan was declared a proclaimed offender by court.