Delhi HC rejects bail of suspected Isis member in arms case
In a recent order, a bench of justices Subramonium Prasad and Harish Vaidyanathan Shankar upheld a trial court detention order, stating it was not mechanical in nature. HC said accused Mohd Rizwan Ashraf could not be released due to the ongoing investigation, as releasing him and others at a crucial stage would impede the probe.
"This court is satisfied that the trial court applied its mind to the grounds set forth. The trial court categorically observed the investigation progressed substantially during remand extensions granted by it and the investigation was not stagnant.
Order of the trial court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion," the bench observed.
Ashraf was arrested by NIA in 2023 under Unlawful Activities (Prevention) Act (UAPA) provisions. He challenged various orders of the trial court extending his custody, including on Feb 24, 2024, when his judicial custody was extended by 25 days.
On the same day, the trial court dismissed his plea for default bail. Ashraf's counsel submitted the orders were passed by the trial court in a mechanical and perfunctory manner and did not indicate any individual assessment of his role.
He argued NIA failed to demonstrate why Ashraf's continued detention was necessary for probe. However, HC said three accused persons, including Ashraf, were active ISIS and they were propagating the ideology of the organisation and trying to recruit youth for its objectives.
"At the time when the remand orders were being considered, material was being unearthed to establish that the accused, including the appellant (Ashraf), were conducting recce at various Indian cities including, but not limited to, Delhi, Mumbai, Ahmedabad, and Surat for terrorist activities," it pointed out, adding conspiracy was also being hatched in other countries. "A money trail from Maldives was also being investigated.
Material on record indicates that investigation was also underway to find out about other associates of the accused," HC noted.
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