Refusing to pass any order on Monday on the plea by journalist Syed Mohammad Kazmi, arrested for his alleged role in the attack, against the magisterial court's order, Additional Sessions Judge Surinder S Rathi kept it for hearing on October 12 saying that the issues of the case are pending before the high court as well. "Since the date of hearing in the high court is October 9, put up for hearing on October 12," the court said.
Kazmi's counsel Mehmood Pracha had moved the court against the July 20 order of Chief Metropolitan Magistrate Vinod Yadav, who had allowed a fresh plea by the police to extend the probe period from 90 to 180 days.
The ASJ noted the submission made by Additional Public Prosecutor Rajiv Mohan that larger issues are pending adjudication before the high court in a connected matter in the case itself.
"In my view when the high court is seized of the larger issues of legality of procedure adopted by the police during the investigation of this case and the law applicable for the entire investigation, it would not be appropriate for this court to hear and decide those very issues in a connected revision petition."
The police had approached the high court in the wake of recent confusion among lower courts in dealing with the issue of extending the judicial custody of Kazmi, after the sessions court questioned the magisterial court's power to deal with cases under the Unlawful Activities Prevention Act.
The sessions court had also questioned the police probe in the matter.
While directing the chief metropolitan magistrate to deal with the cases under anti-terror law, the high court had fixed the matter for hearing on October 9.
The ASJ on Monday said that issues raised in this revision petition are mixed questions of facts and laws and it might not be possible for this court to come to a just conclusion.
The court noted that it would not be appropriate for it to interfere in the matter till those issues are decided by the high court.
Kazmi had moved the sessions court challenging the July 20 order of the CMM by which he had allowed the special cell's plea for extension of probe period on the basis of its fresh report.
The report had said that the police was presently engaged in a time-consuming investigation spanning various countries, including Iran, Malaysia, Thailand and Israel to ascertain if there was a "larger conspiracy" behind the February 13 terror attack on the Israeli diplomat in New Delhi.
The CMM had also dismissed Kazmi's bail plea, in which he had contended that the police had got more time for probe in a "calculated and malafide" manner.
Kazmi was arrested by the special cell on March 6. He had completed 90 days in custody on June 5. The police, however, did not file its charge sheet saying it was still probing the matter and sought extension of the probe period by 90 days, which was allowed by the CMM first on June 2.
The sessions court, however, had on July 17 set aside the June 2 order saying the same was passed in "reticent and clandestine manner," but the CMM took up the matter again on July 20 on the high court's order and extended the probe period to 180 days.
