However, the Delhi Sessions Court pointed towards the flaws in the inquiry carried out by the Delhi Police Special Cell. The court stated that the prosecution had been “unable to prove its case beyond reasonable doubt”. Therefore,the case was entangled in clutches of suspicion.
The court also said that “no crime team was called to the spot” and that “no efforts” were made by the Special Cell “to lift any fingerprints from the ammunition seized” from the accused. This highlighted the very inefficiency of the police inquiry setup.
Astonishingly, no written order of any senior police official regarding the task of investigating the lawless act supposedly committed by the duo was produced by the prosecution.
Noting that “private vehicles were used in the raid”, the court said, “Details of these vehicles used by the police have not been mentioned in the DD Entry. No logbook of use of private vehicles has been maintained. None of them could recall the registration numbers of these private vehicles.”
The court added that “neither the driver nor the conductor of JKSRTC bus”, in which the two men were suspected to have been travelling, were made witnesses in this case. Surprisingly, even the bus tickets were not recovered from the accused. The absence of the record of even the significant details of the case is pathetic in itself.
The aforementioned claims made by the court clearly assert the innocence of the duo that had been falsely accused. But it took almost a decade for the two to be proven innocent which is undoubtedly a sad state of affairs as well as a stark reality.
Qamar’s brother had approached the Delhi High Court, which had ordered a CBI probe. In its closure report filed on November 11, 2008, the CBI concluded that the duo were IB and Special Cell informers and had been falsely entrapped as the wrongdoers.
Nevertheless, The Special Cell, claimed that the duo were Al Badr militants. The Special Cell had claimed that RDX, cartridges, detonators and a Chinese pistol were recovered from them.