'In Touch With Indian Mujahideen, Spread Jihadi Material': Delhi High Court Denies Bail To UAPA Accused Despite 12 Years In Custody

The Delhi High Court on Friday denied bail to two men accused in a UAPA case, observing that they were in touch with Indian Mujahideen not only in India but also in Pakistan and spread jihadi material. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain observed that despite being in custody for almost 12 years, they were not entitled to be released as there existed a continuing threat that they were likely to indulge in similar behaviour if granted bail. “The Appellants are persons who have been in touch with the leadership of the Indian Mujahideen not only in India but also in Pakistan. They have spread Jihadi material and imparted training in making bombs,” the Court said. The Bench dismissed the appeals filed by Mohd. Saquib Ansari and Waqar Azhar challenging trial court orders rejecting their bail pleas. As per the prosecution, the appellants were part of the Rajasthan module of Indian Mujahideen and were involved in planning terrorist attacks in Delhi. Denying them bail, the Court noted that there was recovery of significant explosive materials and electronic devices from them and that there was evidence of training activities and recruitment into the terror module. The Bench also noted that there were links of the appellants with senior operatives including Riyaz Bhatkal and that they had used fake IDs, encrypted communication, and coded language. The Court said that the kind of damage that could have been caused with the amount of material which was seized in the form of chemicals, electronic material, IED material, arms, detonators, digital devices, etc., cannot be ignored.“…mere prolonged incarceration would not be sufficient to grant bail to the Appellants, in these facts and circumstances,” it said. It added that the Appellants were not merely undertrials but they have been convicted for possessing explosive substances, for being members of the Indian Mujahideen which is a banned outfit and for conspiring with various co-accused persons to carry out bomb explosions in various parts of the country.“Both the Appellants are well educated individuals and in fact, one of them i.e., Waqar Azhar was studying engineering. The seizure which was affected from the Appellants is established and proved in the final judgment of the Trial Court in Jaipur,” the Court said. It added: “The manner in which the Appellants have been wholly entrenched in the activities of the Indian Mujahideen leaves no manner of doubt that, in order to prevent them from indulging in anti-national activities and terrorist activities, and considering the fact that they pose a flight risk and could also have an impact on other witnesses who are to appear in the matter, this Court is of the opinion that they do not deserve to be released on bail.”Title: MOHD.SAQUIB ANSARI v. STATE OF DELHI & Other Connected MatterClick here to read order

'In Touch With Indian Mujahideen, Spread Jihadi Material': Delhi High Court Denies Bail To UAPA Accused Despite 12 Years In Custody

Nupur Thapliyal

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