The Bombay High Court upheld the bail granted to Areeb Majeed, who is accused of joining the global terror outfit ISIS and fighting for them in Iraq and Syria.
The Court set aside the findings of the Special Court in Mumbai, which is hearing cases being investigated by the National Investigation Agency (NIA). At one point, the Bombay HC questioned why a 21-year-old youth would think of going to Iraq, and leave his parents and family in grief. It also remarked that if Majeed would have utilised his abilities to the best at the age of 21, it would have been a matter of joy for the family and for the country.
The bench of Justices SS Shinde and Manish Pitale passed the verdict upholding bail in an appeal by the NIA against the Special Court’s order which had granted bail to Majeed. The Court also considered the fact that Majeed has been detained for six years in jail. Given the long pendency of the trial, the Court held that bail can be granted on stringent conditions.
Soon after the order was passed, Additional Solicitor General (ASG) Anil Singh requested for a stay on the order. However, the Court refused to grant the request.
Majeed, who had travelled to Syria to allegedly join ISIS, was arrested upon his return in November 2014 under the Unlawful Activities (Prevention) Act (UAPA).
He was charged with the commission of offences under Section 125 (waging war against government) of the Indian Penal Code as well as Section 16 (punishment for terrorist act) and Section 18 (punishment for conspiracy) of the UAPA.
Participation in terrorist activities serious, says ASG
ASG Singh argued before the Court that the NIA had found enough evidence against Majeed which was present in the chargesheet and the supplementary chargesheets.
Singh further argued that Majeed, being a hardcore follower of ISIS, had returned to India with an ulterior motive to carry out unlawful activities. He claimed that participation in terrorist activities was serious and that there was material available in support of his activities.
“Went abroad to help people; alleged offences not conducted within India, no proof of having injured or killed anyone”: alleged ISIS recruit
Majeed, arguing in-person, contended that the trial was being conducted for offences which were neither within Indian borders nor against India. He claimed that the evidence collected by NIA could not prima facie prove the offences charged by them.
He further submitted that the offences for which he has been charged with entail punishment of only up to five years’ imprisonment since he has not caused any injury or killed anyone. The chargesheet itself discloses these facts, he argued.
He highlighted that he has already spent more than six years in jail as an undertrial and that in itself is a ground for granting bail. In this regard, he placed reliance upon the recent judgment of the Supreme Court in Union of India v. KA Najeeb.
It was also his argument that he had gone abroad to help people there and not for any terrorist activities.
Bail bond of only ₹1 lakh for alleged ISIS fighter
Majeed will be now released on bail upon furnishing a bail bond of ₹1 lakh. He has been directed to stay with his family in his residential home and report to the nearest police station twice a day for the first two months. He has also been restrained from making any statements to the media and posting anything related to the case on social media.
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