'Imagine The Suffering Imposed By You On Your Family & Parents': Bombay HC Tells Man Accused Of Joining IS

A division bench of Justices SS Shinde and Manish Pitale asked Areeb Majeed several pointed questions about why he left for Syria and his regrets, before reserving NIA's appeal against bail granted to him by the special court in March, 2020.

Majeed, studying to be a civil engineer left for Iraq as a 21-year-old along with three other young men on May 24, 2014 and was the only one to return to India six months later, on November 28, 2014. He was arrested on arrival by the state's Anti - Terrorism Squad and subsequently handed over to the NIA.

The NIA alleged that the four of them travelled to Baghdad to join the Islamic State (IS) and 'commit terrorist acts in the name of jihad in Iraq and Syria' during the war. The charge of being part of IS was later dropped against him.

On Thursday, Majeed who has consistently claimed he was in fact brought back with the help of NIA and the Indian Consulate in Istanbul, argued that the prosecution has only been alleging he committed terror acts without proof.

"Where and how, and what weapons were used? Was there damage to any property? They want the court to imagine that only because the accused travelled to Iraq, he must have committed some terrorist activities."

"Why did you go then?" Justice Pitale asked pointedly. "I was 21 years old, I was moved by the suffering. I went there and was helping people there," came the response.

"As a 21 – year - old, in the middle of your studies you went to help people there? Isn't there enough of suffering around you. Imagine the suffering you have imposed on your family and your parents. You cannot imagine." Justice Pitale observed.

"I have also suffered in the past six- years (incarcerated). I have also been kept away from the people I returned for," Majeed said meekly.

After the court learned that Majeed, who was citing Supreme Court judgement from three days ago, came from an educated family (his father and two sisters are doctors) they asked him what would he do if he was released. "I will practice law," he said.

So far 49 witnesses have been examined in the trial and Majeed has been representing himself there, as well. "If you would have utilised your abilities at 21, it would have been a joy for your family and your country," Justice Pitale observed.

"That's what I regret, it's not that I don't regret Mi Lord…I will not shy away from the wrong that I have done, but the allegations they have made against me are not true."

Additional Solicitor General Anil Singh argued that Majeed had returned with "ulterior motives." He cited a video clip of wanted accused to demonstrate the "purpose" for their visit to Syria, which the bench viewed in their chambers. Singh argued that the trial could be expedited and the agency would take no liberties. "In such a case I cannot produce an eye witness from Iraq."

Debunking the documents produced against him Majeed said he has not joined the organisation. An NOC from the Islamic State cited by the NIA, was initially a cam-scanned copy. Majeed argued that the trial in the case wouldn't be completed anytime soon, as, merely 49 witnesses have been examined so far with another 107 pending.

"There are approximately 80 cases under UAPA, TADA and POTA (now repealed) pending in the same court, it cannot be believed that the other cases would be kept in abeyance for hearing only my case," he said adding that the NIA has in fact opposed his application for an expeditious trial.

He reiterated that it hasn't been alleged he has committed even a "single offence against India. This is the first time NIA is alleging that I have come back to India for ulterior motives," Majeed argued.

He also cited an RTI response he had received from the Indian Consulate in Istanbul, which shows that an Emergency Certificate and a one-way air ticket was provided by the consulate meant for stranded Indian Nationals, under the Government of India Guidelines. Majeed narrated that NIA officers had met his father and helped the latter in bringing his son back. They, however, arrested him the moment he returned. "They don't want to admit the role they have played in my return."

When Singh produced an alleged picture of Majeed holding a gun, Majeed said, "That country is a complete warzone, you will find weapons in the hands of ten – year - olds. Even if I took a photo with a weapon doesn't mean I used it."

"What do you think about this trial? 4 years, 5 years." Justice Pitale asked. "We will not seek adjournments or delay the proceeding." Singh responded.

The court then reserved the case for orders on February 23, after a hearing that lasted for over three hours.

Majeed is charged under sections 125 of the IPC (waging a war against any asiatic power in alliance with the government of India) and sections 16 (punishment for terrorist act) and 18 (punishment for conspiracy) of the Unlawful Activities (Prevention) Act and faces life imprisonment if found guilty.