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.

Held in February 2006, Irshad and Qamar have been behind bars for the last three years. The two were granted a breather in May 2006 after the High Court directed the CBI to conduct a probe into the allegations of a “frame up”.

The CBI, in its report, had said that Irshad and Qamar worked as police informers earlier and were in touch with a few of officers of the Intelligence Bureau. It also claimed that after a fallout with the Special Cell, RDX and arms had been planted on the accused they were picked up.