Fasih not in Indian agency custody: Govt

The Centre on Monday again denied that engineer Fasih Mohammad from Bihar, who had gone missing from Saudi Arabia after being allegedly picked up by Indian intelligence sleuths on May 13, was in the custody of any Indian law enforcement agency. The Delhi Police also filed an affidavit in the apex court to this effect.

Appearing for the Union of India, Additional Solicitor General (ASG) Gourab Banerji also said the Government of Saudi Arabia, with whom the Indian ambassador had held two meetings on the issue, were "neither confirming nor denying" if Fasih is in the custody of that country's police.

"Now this is a question of diplomacy. We have been writing letters," Banerji told a Bench of Justices K S Radhakrishnan and J S Khehar.

To a question from the Bench if Fasih was alive or not, the ASG said, "We have no knowledge as they (Saudi authorities) are not saying anything." He said there would be "some information" within 10 days.

Appearing for Fasih's wife Nikhat Parveen, who has filed a habeas corpus plea in the apex court seeking directions to the Government of India and others to produce Fasih, advocate Naushad Ahmad Khan said foul play could not be ruled out.

"Ultimately, I (Fasih) am an Indian. Who will rescue me.... Karnataka government has access to his employment information. From where did they get it?" he asked.

Earlier, Banerji again said a Red Corner Notice (RCN) issued in the last week of May was pending against Fasih for alleged anti-national activities. The RCN says Fasih is a member of the Indian Mujahideen (IM) and is wanted for the German Bakery, Pune, blast on February 13, 2010, Chinnaswami Stadium, Bangalore, blast on April 17, 2010 and Jama Masjid, Delhi, shootout and blast on September 19, 2010.

On the last hearing, the court was informed that several cases under various sections of the Indian Penal Code, including criminal conspiracy, waging or attempting to wage war against India, and Explosives Substances Act and Prevention of Damage to Public Property Act have been lodged against Fasih after revelations by suspects nabbed for their role in the blasts.

... contd.

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