A Delhi court on Tuesday asked police to explain their repeated failure to execute the non-bailable warrants (NBWs) issued against Shahi Imam of Jama Masjid, Maulana Syed Ahmed Bukhari. The court sought an explanation from the Station House Officer (SHO) of the police station concerned, over his alleged visits and attempts to execute the warrant.

The court also issued a fresh NBW against Bukhari in connection with a 2001 criminal case and discarded the police report, which stated that they were unable to trace him. It demanded a detailed report on their attempts.

Metropolitan Magistrate Rajinder Singh underlined that given Bukhari's status and prominence, it was "highly unbelievable" that the police could not find him.

In a report filed in the court of Metropolitan Magistrate Rajinder Singh, the SHO said he had gone thrice to execute the NBWs against Bukhari, but was unable to find him either at his home or in Jama Masjid.

The judge, however, appeared to be far from satisfied with the response, asking the SHO to give specific dates on which he had gone to search for Bukhari. Further, the court asked for details on who he met on each occasion and what they said about Bukhari's whereabouts.

"The SHO concerned is directed to produce the record to show his movements with regard to the execution of the warrants," the court said.

The court also agreed with the contentions of S S Omji, who challenged the prosecution's move to withdraw the case against Bukhari "in public interest", saying that the accused was indeed appearing on several public platforms and on TV shows.

"In the present case, the accused Syed Ahmed Bukhari, Shahi Imam of Jama Masjid, Delhi, is a well-known person. It is highly unbelievable that such a well-known person could be absconding for long, without being detected by the law enforcement agencies. If the police can arrest religious leaders like Kanchi Shankaracharya, why are you dragging your feet?" said the judge.

Though police opposed the issuance of fresh warrants, the judge dismissed their contentions saying it was well within his powers. "The purpose of issuing coercive process against any accused is to secure the presence of the accused before the court. The court can issue all the coercive processes against any accused, which are directed by law," the court said.

Bukhari and two others  Habib-ur-Rehman and Nafisa  are accused of rioting, obstructing and assaulting public servants from discharging their duties. The alleged incident took place on September 3, 2001, when police and civic officials were reportedly trying to remove encroachment from near CGO Complex in Lodhi Colony. But a mob, allegedly led by Bukhari, reportedly assaulted them. Though Habib-ur-Rehman and Nafisa were arrested, police later said they could not arrest Bukhari because this could lead to "communal riots".

Rejecting the contention, a first NBW was issued for Bukhari on May 2006.

Since then police have repeatedly sought more time and have kept claiming that Bukhari was untraceable.

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