SC Seeks Evidence Suggesting Alleged Terror Links Of Suspected LeT Operative
CJI SA Bobde remarked that the court wanted to satisfy its conscience that Gaus was not a falsely implicated person.
The Supreme Court on Tuesday granted two weeks to the National investigating Agency (NIA) for placing on record requisite evidence as to why Mohammad Irfan Gaus, an alleged member of banned terror outfit Laskhar-e-Taiba (LeT) should not be released.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun remarked that it was pertinent to delve into the evidence...
The Supreme Court on Tuesday granted two weeks to the National investigating Agency (NIA) for placing on record requisite evidence as to why Mohammad Irfan Gaus, an alleged member of banned terror outfit Laskhar-e-Taiba (LeT) should not be released.
A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun remarked that it was pertinent to delve into the evidence suggesting his links to the organisation in order to satisfy its conscience which it would consider after two weeks.
Solicitor General Tushar Mehta opposed the plea seeking release of Gaus & submitted that he had terror links with the banned outfit. "This case requires final disposal hearing. He (Gaus) was continuously in touch with the LeT and there are telephonic records etc.," said the law officer.
CJI SA Bobde remarked, "You show us the evidence as to why he should not be released. We must tell you frankly, however serious they are, sometimes either through errors or malice, somebody who is not involved gets roasted. We want to satisfy our conscience that this is not one such person".
SG, at this juncture told the bench that we would satisfy the conscience of the court in that regard and that he required two weeks to place the compilation on record.
Background:
Last year in December, the Supreme Court stayed the Bombay High Court's order granting bail to Gaus, an alleged member of banned terror outfit Lashkar--e-Taiba (LeT) after the NIA said that the nation's security might be affected if the accused is allowed to be at large.
"Learned Solicitor General has submitted that at the time when the impugned order was passed granting bail to respondent no.1, about 65 witnesses were already examined and the trial was almost at the verge of completion and as on date almost 72 witnesses have been examined and only two official witnesses from forensic science department and other official witnesses are to examined. Learned Solicitor General has also submitted that when the trial is almost at the verge of completion and if the respondent no.1 is allowed to be at large it would be difficult to secure his presence at the time of judgment and it may be an obstacle for completion of the case" - SC has recorded in it Order of December 2, 2019
A bench of Justices R Banumathi & AS Bopanna had told the NIA that it was at liberty to re-arrest the the accused who was granted bail in relation to an alleged terror case.
"In view of an interim stay granted by this court, the petitioner-National Investigation Agency is at liberty to re-arrest Mohammed Irfan Gaus and take him to custody," the bench had said.
NIA had alleged that Gaus, who was arrested in August 2012, was a member of LeT and had conspired with 3 other accused in planning a terror attack at Nanded & Hyderabad.
Mohammed Irfan Gaus along with 3 others is facing the charges for the offences punishable under Sections 18, 20 and 38 of the Unlawful Activities (Prevention) Act, under Section 201 I.P.C. and under Sections 3, 25 and 27 of the Indian Arms Act.
The Bombay High Court had granted Gaus bail in July 2019 observing that the accused was behind the bars as an under trial prisoner for a period of about seven years.
Gaus had approached the high court challenging the trial court's order denying him bail and had said that there was no iota of evidence to implicate him in the crime and none of the prosecution witnesses have deposed anything against him.