Jammu, Mar 31 (IANS): Jammu and Kashmir Director General of Police (DGP) Ashok Prasad Sunday said the ongoing National Investigation Agency (NIA) probe would establish whether Syed Liyaqat Shah "is a terrorist or innocent".

Talking to media persons on the sidelines of a police function here, the DGP said: "The NIA is probing the arrest of Liyaqat Shah by Delhi Police. It will establish if he is a terrorist or innocent."

Shah, 47, was arrested by Delhi Police from Gorakhpur in Uttar Pradesh March 20.

Police claimed to have averted a "fidayeen" (suicide) terror attack in Delhi with his arrest. They said Shah was a suspected Hizbul Mujahideen militant.

He has been remanded to judicial custody till April 12.

The family of Sayed Liyaqat Shah claimed that he was returning home to the Kashmir Valley via Nepal from Pakistan under the Jammu and Kashmir government's rehabilitation policy for surrendered militants.

According to sources in Jammu and Kashmir's home department, Liyaqat figures in a list of over 200 former militants whose relatives had applied to the state government for rehabilitation under a policy initiated in 2010, and meant for militants wishing to surrender and return to the mainstream.

"His application is under process, but he chose to come illegally through the Nepal route," sources said.

Jammu and Kashmir Chief Minister Omar Abdullah also held discussions with union Home Minister Sushilkumar Shinde on the issue of Liyaqat Shah's return.

Later, the union home ministry ordered a probe by the NIA to establish the facts and submit a report at the earliest.