New Delhi, July 17 A sessions court here Tuesday set aside a magistrate's decision giving additional 90 days to Delhi Police to probe the Feb 13 Israeli embassy car bombing.
Additional Sessions Judge S.S. Rathi was hearing a revision petition moved by accused and journalist Syed Mohammad Kazmi challenging the magistrate's June 2 order.
"The impugned order was passed without giving the accused any opportunity of being heard," said ASJ Rathi.
He gave a week to the prosecution to move a fresh application to modify its plea for extension of the probe period.
"The public prosecutor would be at liberty to move a fresh report, seeking extension of investigation, within one week from today. If so moved, the notice of the same shall be given to the accused and the accused shall be afforded an opportunity of being heard followed by passing of a speaking order," the court said.
Kazmi in his petition challenged the magistrate's order that granted police an additional 90 days for investigation, without hearing his submission.
Meanwhile, the magistrate hearing the case has asked police to submit a reply on the bail plea of Kazmi and listed the matter for hearing Wednesday.
The Delhi High Court July 2 suspended the hearing in the case and the June 8 order of the ASJ, who had questioned the magistrate's power to extend the judicial or police custody of an accused under the anti-terror law.
The high court July 13 lifted the stay and allowed the hearing on the revision petition.
Kazmi was arrested March 6 for his alleged involvement in the embassy car bombing. Four people were injured when an Israeli embassy car was struck by a bomb near the Prime Minister's House in central Delhi.
Tal Yehoshua Koren, 42, wife of Israeli defence attache Colonel Yossi Refaelov, suffered multiple injuries when a motorcycle rider attached a magnetic explosive device to her car and sped away.