The Bombay High Court’s Nagpur bench on Friday refused bail to Raees Ahmed Sheikh Asadulla Sheikh, a resident of Jammu and Kashmir, who is accused of being an operative of the banned terrorist organization Jaish-e-Mohammed (JeM). Sheikh was arrested for allegedly conducting reconnaissance of Dr. K B Hedgewar Smruti Mandir, the memorial of Rashtriya Swayamsevak Sangh (RSS) founder, in Nagpur’s Reshimbag area.
The decision to deny bail came from a division bench comprising Justices Nitin Suryawanshi and Pravin Patil, following allegations that Sheikh had also planned but failed to reconnoiter the RSS headquarters in Mahal area. The detailed judgment regarding the bail plea will be released later.
Sheikh, currently held in Nagpur Central Jail, was represented by advocate Nihalsingh Rathod, who argued that there was insufficient evidence to link Sheikh to the reconnaissance for any unlawful activity. Rathod contended that Sheikh’s actions did not fall under the ambit of the Unlawful Activities (Prevention) Act (UAPA), under which he was charged.
However, the government pleader, Devendra Chauhan, presented a strong case against granting bail, citing substantial material indicating Sheikh’s association with JeM. Chauhan argued that Sheikh’s activities were preliminary steps in planning a future terrorist act, thus falling within the definition of a terrorist act under the UAPA. He stressed that even preparatory actions such as reconnaissance are considered terrorist acts under the law.
Chauhan also highlighted suspicious aspects of Sheikh’s visit to Nagpur, noting that Sheikh had no relatives, business, or other natural reasons to visit the city. Additional evidence presented included statements from autorickshaw drivers and hotel staff who interacted with Sheikh, as well as data pertaining to calls made by Sheikh to numbers outside the country.
The court was informed that during his attempt to scout the RSS headquarters, Sheikh was deterred by the heavy police presence and did not proceed further with his plans.
