The Delhi High Court has denied bail to Md Heydaitullah, an alleged associate of ISIS, in a case handled by the National Investigation Agency (NIA) concerning the radicalization of youth through cyberspace. The bench, comprising Justices Prathiba M Singh and Amit Sharma, dismissed the bail plea, emphasizing the severity of the accusations against him, including using Telegram groups to propagate ISIS ideology and recruit members in India.
Heydaitullah challenged a lower court’s decision that had earlier declined to grant him relief, arguing that mere association with a terrorist organization did not constitute an offense under the Unlawful Activities Prevention Act (UAPA). However, the High Court found substantial evidence suggesting that Heydaitullah was actively promoting violent jihad to establish a caliphate, undermining his claim of being a mere passive supporter.
The court noted, “The appellant, in 2018, had taken an oath (Bayath) in the name of Abu Bakr al Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi, acknowledging the latter’s leadership in ISIS.” It was highlighted that Baghdadi was a well-known leader who had declared the formation of a ‘caliphate’ in June 2014, and that ISIS has been universally recognized as a terrorist organization.
The judgment underscored Heydaitullah’s educational background as an MBA graduate working in an IT company in Gurugram, stating that he was well aware of the terrorist activities associated with ISIS. This knowledge, coupled with his actions, contributed to the court’s decision to deny bail, citing the UAPA’s strict provisions against granting bail in cases involving terrorism.
Further allegations against Heydaitullah included spreading hatred against the Government of India and promoting enmity against Hindus on social media, transferring funds for ISIS, and possession of materials related to the preparation of explosives and oaths of allegiance to ISIS leaders.
