A Delhi Court Friday dismissed the bail pleas of two suspected members of the terrorist outfit, Islamic State in Jammu and Kashmir (IS-JK), who have been booked under the stringent Unlawful Activities (Prevention) Act both by the NIA and the Delhi police.
Additional Sessions Judge Dharmender Rana refused to grant the relief to Parvaiz Rashid Lone and Jamshed Zahoor Paul arrested from near the Red Fort in Delhi in 2018.
The court said that from a transcript of a private chat of the accused, it appeared that both of them were allegedly involved in procuring illegal weapons for dreaded terrorists organisations and also allegedly shared the information about movement of army to other terrorists.
"From the conversation transcript available on record, it appears that the accused were not only involved in procuring illegal weapons for dreaded terrorists organisations but they also shared information about the movement of the army to other terrorists. Therefore, I cannot concur with the defence counsel that there is no incriminating piece of evidence against the accused," the judge in the order.
The court further said that since one investigating agency (NIA) has not been able to collect incriminating evidence against the accused, therefore the incriminating evidence collected by the other investigating agency (Special Cell of Delhi police) does not deserve to be discarded for failure of the former.
The police had arrested Lone and Paul from near the Red Fort in Delhi in September 2018, allegedly for procuring illegal arms. NIA had registered a separate case based on this.
During the hearing held through video conferencing, Additional Public Prosecutor opposed the bail applications and alleged that both the accused were active members of ISIS (Jammu and Kashmir Branch), a dreaded terrorist organization.
He further alleged that Lone and Paul came to Amroha in Uttar Pradesh for procuring illegal arms to perpetuate the ideology of ISIS and four juveniles apprehended by the police have allegedly admitted to have sold off illegal weapons to them.
The counsel submitted a copy of a private conversation transcript between one Omar Ibn Nazir, allegedly a terrorist killed in Jammu and Kashmir and another conversation between the accused persons and one Abu Duzana, allegedly a dreaded terrorist whom the security forces are looking for.
Advocate Asghar Khan, appearing for both the accused, sought bail on the ground that despite elaborate investigation conducted not only by the NIA but even Special Cell of the Delhi police in the case, no incriminating piece of evidence could be collected against them under the UAPA.
Khan said that after an elaborate investigation conducted by the NIA, no incriminating evidence could be collected against Lone and Paul and they have been granted bail in the NIA case.
Khan told the court that Lone and Paul were falsely implicated in the case and they cannot be booked under the anti-terror law.
The counsel said that they were initially arrested in September 2018 with the allegation of recovery of illegal arms and subsequently upon arrest of another alleged ISIS member Abdul Basit by the NIA in the case, sections of UAPA were imputed against them.
He further said that two innocent men should not be castigated as terrorists.
With respect to the offences under the Arms Act, Khan claimed that the alleged recovery of illegal weapons was from a public place but there is no public witness, no recovery of any video footage or any independent piece of evidence corroborating the case of the prosecution.