NEW DELHI: The Supreme Court on Tuesday refused to grant bail to a man accused of links with the proscribed Islamic State of Iraq and Syria (ISIS), calling it the “best morning to send a message” as the hearing came a day after a suspected terror blast near Delhi’s Red Fort.
The remark came from a bench of Justices Vikram Nath and Sandeep Mehta after the petitioner’s counsel remarked that it may not be “the best morning” to argue the matter in light of the previous day’s incident, PTI reported.
The bench noted that the man was charged with attempting to create a “ring of terror” in the country and that there was a prima facie case against him.
The accused had challenged a January 2024 order of the Madhya Pradesh High Court, which denied him bail in a case registered under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The case was investigated by the National Investigation Agency (NIA) after his arrest in May 2023.
During the hearing, the court asked the defence to explain the recoveries made.
"Forget the witnesses for the moment, how do you explain the recoveries?" the bench asked.
"There is no recovery except Islamic literature," the counsel replied.
The bench then observed that the accused had allegedly formed a WhatsApp group resembling one used by ISIS.
"What was the intention behind that?" it asked, adding that the accused was “trying to create turbulence in India.”
The defence argued that no explosives had been found, and the accused — in custody for over two and a half years — was 70 per cent differently-abled. The bench, however, declined to entertain the plea and directed the trial court to complete proceedings within two years.
"If the trial is not concluded within the aforesaid period for no fault of the petitioner, it will be open for him to revive his prayer for bail," the court said.
In its earlier order, the Madhya Pradesh High Court had noted that during the 2020 COVID-19 lockdown, the accused allegedly began following the lectures of controversial preacher Zakir Naik and developed sympathies with ISIS. The NIA’s chargesheet claimed he was in possession of incriminating material, including pamphlets and a flag similar to that of the terror organisation, and had conspired to attack an ordnance factory in Jabalpur to procure weapons.
The remark came from a bench of Justices Vikram Nath and Sandeep Mehta after the petitioner’s counsel remarked that it may not be “the best morning” to argue the matter in light of the previous day’s incident, PTI reported.
The bench noted that the man was charged with attempting to create a “ring of terror” in the country and that there was a prima facie case against him.
The accused had challenged a January 2024 order of the Madhya Pradesh High Court, which denied him bail in a case registered under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The case was investigated by the National Investigation Agency (NIA) after his arrest in May 2023.
During the hearing, the court asked the defence to explain the recoveries made.
"Forget the witnesses for the moment, how do you explain the recoveries?" the bench asked.
"There is no recovery except Islamic literature," the counsel replied.
The bench then observed that the accused had allegedly formed a WhatsApp group resembling one used by ISIS.
"What was the intention behind that?" it asked, adding that the accused was “trying to create turbulence in India.”
The defence argued that no explosives had been found, and the accused — in custody for over two and a half years — was 70 per cent differently-abled. The bench, however, declined to entertain the plea and directed the trial court to complete proceedings within two years.
"If the trial is not concluded within the aforesaid period for no fault of the petitioner, it will be open for him to revive his prayer for bail," the court said.
In its earlier order, the Madhya Pradesh High Court had noted that during the 2020 COVID-19 lockdown, the accused allegedly began following the lectures of controversial preacher Zakir Naik and developed sympathies with ISIS. The NIA’s chargesheet claimed he was in possession of incriminating material, including pamphlets and a flag similar to that of the terror organisation, and had conspired to attack an ordnance factory in Jabalpur to procure weapons.
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