'The police made out a false case'

Criminal lawyer got two ultras acquitted who were alleged to be associates of a Pakistan-based Lashkar divisional commanderThey were not terrorists even to begin with. And it was about time criminal lawyer MS Khan tore apart the police conspiracy theories, often based on assumptions and planted motives rather than concrete evidence and investigations. Man in Black: MS Khan practices at the Patiala House Court and has got acquitted a number of terror accused pic/Imtiyaz KhanThe story in brief: In September 2006, the Delhi Police got the information that Pakistan-based divisional commander of the Lashkar-e-Toiba Mohammad Akmal alias Abu Tahir is planning to send his associates to Delhi and other parts of the country. A team was constituted under late Inspector Mohan Chand Sharma to nab the terrorists, if they managed to enter the national capital. Following a tip-off, the Delhi police mounted a 'technical surveillance' and deployed 'sources' to track the terrorists. Surveillance reportedly revealed Mohammad Akmal sent one Mustafa along with another person to Delhi to carry out the mission. It further exposed that Mustafa and his associates were operating from their hideout at Mahipalpur. On December 11, 2006, the police got a tip-off that the two men would come from Dhaula Kuan to Mahipalpur crossing. A Delhi police team was deployed at the spot. At 9.15 pm, the police informer spotted the two accused alighting from a blueline bus (number DL 1PB 0249) plying on route number 729 (Kapashera to Mori Gate).Fifteen sticks of some yellow explosives, few detonators and Rs 6 lakh in Indian currency were reportedly seized from them. The terrorists were later identified as Gulzar Ahmed Ganai alias Mustafa and Mohammad Ameen Hazzam and were taken to Mumbai from where they allegedly received the explosives. The charges against them, included planning and attempt to wage war against the country, collection of arms to wage war, possession of explosives, being members of a banned organisation, MS Khan told MiD DAY. And this is how he tore apart the police case in the court.Prosecution:u00a0Secret information established the two accused were Lashkar militants. Khan: Neither could they establish the nature of the information nor produce any supporting evidence.Prosecution: The alleged terrorists were arrested on the basis of technical surveillance.Khan: The cops were never able to establish the nature and scope of their surveillance.Prosecution: The cops mentioned the ultras had a hideout in Mahipalpur area.Khan: When asked the location of the hideout, the cops themselves were clueless. Prosecution: The cops claimed to have arrested the terrorists from a bus around 9.15 pm and produced tickets as evidence.Khan: When asked the bus conductor told the court that the bus was not even plying at that time and the tickets produced were from the lot used around 11.50 am. Prosecution: The cops said the militants were there at Dhaula Kuan.Khan: The police were clueless from where they came to Dhaula Kuan. Prosecution: It was alleged that the ultras had come to collect hawala money amounting to Rs 6 lakh in cash.Khan: No evidence was produced to establish who gave them the money and when. Prosecution: The police said the accused had come to Delhi from outside.Khan: They could not establish from where they came. Also, no evidence was produced to establish they went to Mumbai to acquire explosives.Prosecution: The police produced photographs of the crime scene.Khan: As stated earlier, the photographs were not of Mahipalpur and no cop could be seen in them. Prosecution: ACP Sanjeev Yadav told the court that one Ganai told the police about the hideout in Mahipalpur on December 14.Khan: Ganai was taken to Mumbai on December 13 by a Delhi police team. How could he've revealed anything? Qasab wants Khan It has been learnt that inspired by the successful acquittal of the two alleged terrorists, 26/11 accused Ajmal Amir Qasab has asked for MS Khan's phone number. He wants his present lawyer to be replaced by Khan and hopes that he could save him. Qasab was inspired by the stories of Khan tearing apart prosecution cases against a number of accused in cases related to terror activities. Khan too had offered to defend Qasab when the special court was looking for a lawyer for the Pakistani terrorist.