A Delhi court today issued 'open' non-bailable warrants (NBWs) against three close aides of underworld don Dawood Ibrahim in connection with the IPL spot fixing scandal after the police said they had played a key role in the entire conspiracy.
Special Cell of Delhi Police moved an application in the court seeking issuance of open NBWs against Pakistan-based Dr Javed Chutani, Salman alias Master and Ehteysham, who all are considered to be close associates of Dawood, saying they are based in Karachi and Lahore and were instrumental in the conspiracy behind spot fixing during the IPL matches.
"The crux of the argument is that it is not possible to execute warrants to these accused in Pakistan...In view of the above, issue open NBWs against three accused as requested," Additional Sessions Judge Dharmesh Sharma said.
An NBW is termed as 'open' when no time limit is fixed for its execution.
The police also moved a separate plea in the court, seeking issuance of NBWs against four alleged bookies-Sanjay Aggarwal, Mohd Shakeel Amir, Praveen Kumar G Thakkar and Sandeep Sharma, saying that during interrogation of other arrested accused, their names had cropped up but they are absconding to evade arrest.
The court allowed the plea, saying, "Let NBWs be issued against these four accused persons as requested, returnable by September 30, 2013."
The police had on July 30 filed its charge sheet in the case, alleging that Dawood and Chhota Shakeel, who have been "controlling the fixing and betting market" in cricket in India, were behind the IPL spot-fixing scandal.
The police, which named 39 persons as accused including Rajasthan Royals' S Sreesanth, Ankeet Chavan and Ajit Chandila, has said the syndicate run by Dawood and his aide had been actively operating from safe havens, with the singular objective of de-stabilising Indian security, sovereignty and economic stability.
The charge sheet has said that Chutani, a Pakistani national, was an "inner member" of the Dawood syndicate, running his various activities out of Dubai and the intercepted calls clearly establish that he is a clear player in this fixing syndicate.
Apart from the three cricketers, the other 36 accused named in the charge sheet includes alleged bookies Ashwani Agarwal, Ramesh Vyas, Deepak Kumar, Sunil Bhatia and Firoz Farid Ansari and ex-Ranji player Baburao Yadav.
As per the charge sheet, besides Dawood and Chhota Shakeel, 10 persons who are absconding, are their associates Chutani, Salman, Ehteysham, Mohd Amir and bookies Sanjay Aggarwal, Chandresh Jain, Praveen Kumar and Sandeep Sharma, according to the charge sheet.
It has said that the probe in this case has unearthed "sufficient evidence" to prosecute the accused for offences punishable under section 120 B (conspiracy) read with 419 (cheating by personation), 420 (cheating) of IPC and under the provisions of the stringent MCOCA.
The Delhi Police had on May 16 arrested Sreesanth, Chandila and Chavan on the charges of cheating and criminal breach of trust.
The court had on June 10 granted bail to Sreesanth, Chavan and 19 others for lack of evidence against them to be charged under MCOCA.
During the hearing, public prosecutor Rajiv Mohan told the court that accused, who are presently out on bail, have not appeared today as no notices have been served upon them after cognisance was taken on the charge sheet filed in the case.
Chandila and Babu Rao Yadav, who are presently in judicial custody, were produced before the court and the judge extended their custody till August 26, saying he will hear the arguments on the pending bail pleas of the accused on that day.
"The accused persons are in judicial custody. Their bail applications will come up for hearing on August 26. Let the matter be fixed for that day and warrant of production of remaining accused (who are in judicial custody) be issued for that day," the court said.
The prosecutor also told the court that 21 accused were earlier granted bail in the case and they have also moved separate applications seeking cancellation of their bail.
"The court record says that complete case file is yet to be received and even summons have not been issued to the accused for appearance and the prosecutor states that it would not be possible to serve summons on the accused persons with regard to filing of the police report (charge sheet) besides issuance of notices to them on plea for cancellation of bail," the court said.
The judge issued summons to the accused persons and asked the police to get them served by September 9.
"Let summons in the main case as well as notices on the plea for cancellation of bail be issued to concerned persons. It be listed for September 9," the court said.
During the proceedings, the court also allowed the plea of Mumbai Police seeking transit remand of Chandresh Jain alias Jupiter, alleged bookie arrested in connection with the match fixing case lodged there.
"The Superintendent, Tihar Jail is directed to handover the custody of Chandresh Jain alias Jupiter to the (Mumbai Police) team...And it is directed that Jupiter be produced before the competent court in Mumbai on or before August 23," it said, adding that the accused be produced before it on September 9.
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