NIA seeks time to file chargesheet against 2 accused in D-gang terror financing case


A special Court under the National Investigation Agency (NIA) Act has reserved its order on the application filed by NIA seeking an extension of time to file chargesheet against two accused arrested in the terror funding case related to underworld fugitive Dawood Ibrahim and others.

The NIA had sought an extension of time to file chargesheet against two arrested accused, Arif Abubakar Shaikh alias Bhaijaan and his brother, Shabbir Abubakar Shaikh, who was arrested on May 12.

The NIA had alleged that the two accused, including the accused arrested by the agency on August 4, Mohammad Salim alias Salim, were indulging in terror financing by indulging in activities with global terrorist Dawood Ibrahim.

NIA told a special court that the 90 days from the arrest of the two accused expired on August 9. The investigating officer has a herculean task before him and he may not be able to complete the investigation within 90 days.

The special public prosecutor in the case, who according to the law has to see the investigation papers and express his satisfaction in the form of a report, said he has perused the case diary and has noted down the progress made in the case so far by the investigating agency. The special public prosecutor also said that he had applied his mind to the facts and circumstances of the case and all of it is part of his report.

Also read: How Dawood’s nephew helped ED nail Nawab Malik in money laundering case

The special public prosecutor said there was material evidence and documentary evidence to help him see that the investigation had been taken forward by the investigating officers.

The special public prosecutor said that the accused were related to the Dawood gang and the agency was looking at various aspects of the case to see the nexus of these two accused with Salim.

The special public prosecutor sought that while the agency was seeking more time to file the chargesheet the custody of the accused is extended too. If the investigating agency does not file chargesheet within a stipulated time, then the duo has every right to seek default bail. However, the special public prosecutor said that the investigating agency’s work would be hampered if the accused are let out.

The special public prosecutor said that the investigation has to take into account that the crime has commenced from Pakistan and the UAE as the accused are operating from there. “So I have to get material from there. I have to do Pan India and the foreign leg of the investigation. We are in search of them and we will get them. The accused have to be confronted and the unravelling of a larger conspiracy has to be done. Identification of key assets has to be done. And for this an extension of 90 more days should be given,” said the special public prosecutor.

Advocate NN Gawankar appearing for the two accused opposed the granting of an extension to NIA and said that 90 days is a long time for any investigation to be completed. “90 days comes to more than 2,000 hours, which is more than sufficient to finish the investigation because the two accused arrested earlier. They are taking the excuse of Salim’s arrest but they can always file a chargesheet now and a supplementary chargesheet later,” argued Gawankar.

“43 D (Modified application of certain provisions of the Code) of UAPA is only an escape route for the investigating agency. They knew at the time of registration of the FIR that there were foreign connections in the UAE and Pakistan. Let them show if they have applied to the government for permission to go to Pakistan or UAE for investigation,” added Gawankar. The court, after hearing both sides said that the order on the application would be delivered on August 6.

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