The Supreme Court on Tuesday refused to grant bail to a man accused of having links with the proscribed Islamic State of Iraq and Syria (ISIS), observing that there existed a prima facie case against him for attempting to create a “ring of terror” in the country.
A bench of Justices Vikram Nath and Sandeep Mehta was hearing a plea challenging the Madhya Pradesh High Court’s January order denying bail to the accused, who was arrested in May 2023 under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The case is being investigated by the National Investigation Agency (NIA).
The hearing took place a day after a blast near Delhi’s Red Fort that claimed at least 12 lives. When the defence counsel remarked that it may not be the best morning to argue the matter, the bench responded, “It’s the best morning to send a message.”
Questioning the defence, the bench asked, “Forget the witnesses for the moment, how do you explain the recoveries?” The counsel replied, “There is no recovery except Islamic literature.”
The bench, however, noted that the accused had allegedly formed a WhatsApp group identical to one operated by ISIS. “What was the intention behind that?” it asked.
“We are sorry. You are accused of trying to create a ring of terror in the country. You were trying to create turbulence in India,” the bench remarked, declining to grant bail.
The petitioner’s counsel argued that no explosive materials had been recovered and that the accused, who has been in custody for two and a half years, is 70% differently-abled. However, the bench was not convinced, holding that charges had already been framed and that there was sufficient material to establish a prima facie case.
While rejecting the bail plea, the Court directed the trial court to conclude the proceedings within two years. “In case the trial is not concluded within the aforesaid period for no fault attributable to the petitioner, it would be open for the petitioner to revive his prayer for bail,” the order said.
According to the NIA’s chargesheet cited by the Madhya Pradesh High Court, the accused came under the agency’s radar after allegedly consuming videos of controversial preacher Zakir Naik during the 2020 COVID-19 lockdown and getting influenced by his content comparing religions.
Investigations revealed that he was associated with other ISIS-linked individuals and possessed incriminating documents and pamphlets carrying imagery similar to the terror group’s flag. It was also alleged that he and his associates had conspired to attack an ordnance factory in Jabalpur to obtain weapons for furthering ISIS activities.
The Supreme Court’s order reinforces a strict approach in UAPA cases, particularly where allegations of radicalisation and terror network formation are involved.
