Justice V P Vaish issued notice to Delhi Police seeking their response by May 23 on the plea filed by Rashid who was arrested from Mewat region of Haryana in December last year.
Advoacte M S Khan, who appeared for Rashid, argued in the court that there was no provision in the CrPC to take voice sample of an accused and the law is not settled on this issue.
The police had also said that they have received the intercepted conversations between Rashid and Baluchi from IB and they need to take the voice sample of the accused to compare the two.
Rashid was arrested on December 16, 2013 in connection with the case while co-accused Shahid was arrested on December 7 last year after which police claimed to have busted a terror module of LeT which was at an "advanced stage" of planning a militant strike in Delhi.
The police had arrested the duo in December last year and claimed they had met two persons in Muzaffarnagar region of UP after the riots there.
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