During the arguments, Delhi Police prosecutor Rajiv Mohan had said that the special cell was given permission by Ministry of Home Affairs by an order on March 21, 2013 to investigate the case and if the accused were handed over to NIA at this stage, the whole probe conducted by it would fail.
Meanwhile, the Anti Terrorism Squad (ATS) of Mumbai Police had also moved applications in the court seeking custody of Waqas and Tehsin, saying they were wanted for their alleged roles in various blasts cases there.
The ATS had said that on July 13, 2011, three powerful bombs exploded at Opera House, Zaveri bazar and Kabutarkhana in Mumbai causing casualties and non-bailable warrants were also issued against both the accused last year.
“It is respectfully submitted that custody of accused Waqas and Tehsin may kindly be handed over to officers and staff of the Anti-Terrorism Squad, Mumbai....,” it had said, adding that they be allowed to formally arrest them.
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