Delivering a blow to the defence in the Al Badr frame-up case, a city court on Friday dismissed the CBI’s closure report filed in the case declining the plea for discharge of the accused Irshad Ali and Moarif Qamar.

Terming the closure report “inconclusive”, Additional Sessions Judge S K Gautam noted that a “thorough trial” was required in the three-year-old case.

“The CBI’s report is inconclusive and represents mixed facts,” the ASJ said, scheduling the matter for further arguments on the next date of hearing.

The defence has now decided to move the High Court. Speaking to Newsline, defence counsel Sufian Siddiqui said they would challenge the court’s order before the High Court. “It is unfortunate that the accused have been languishing behind bars for over three years now. Even after facing this long a trial, they have not got a favourable order. We will now appeal before the HC against today’s order,” Siddiqui said.

The order meanwhile, has come as a relief for Special Cell officers - Vinay Tyagi, Ravinder Tyagi and Subash Vats - who had come under CBI flak for “wrongfully implicating” the accused as terrorists.

The closure report, filed simultaneously by the CBI before the Delhi High Court and a trial court in November last year, claimed that the accused had been falsely incriminated by the Special Cell. The 35-page closure report sought court permission on taking action against three Delhi Police officers posted with the Special Cell who played a key role in the arrest.

... contd.