The Bombay Excessive Court docket right this moment upheld a particular court docket’s order granting bail to 27-year-old Areeb Majeed, accused of getting hyperlinks with ISIS terror community.
A division bench of Justices SS Shinde and Manish Pitale disposed of an enchantment filed by the Nationwide Investigation Company (NIA), difficult the particular court docket’s order granting bail to alleged ISIS terrorist Areeb Majeed.
In March final yr, Majeed was granted bail by a particular NIA court docket which famous the tempo of the trial was gradual and in addition on the bottom that the prosecution had not succeeded in proving its prima facie case in opposition to the accused.
The excessive court docket stated whereas it was upholding the decrease court docket’s order granting bail to Majeed on the bottom of pendency of trial, it was quashing the observations made by it (decrease court docket) on deserves of the case.
The order stated whereas Majeed’s case on gradual trial seems to be on a “agency footing”, the particular NIA courts statement with regard to no prima facie case established at this stage was “flawed”.
The excessive court docket famous that the precise to truthful and speedy trial is a constitutional proper and if after an extended and prolonged trial the accused is discovered to be not responsible, then the variety of years spent by her or him as undertrial can by no means be given again to them.
It stated in circumstances the place an individual is booked for severe and heinous offences, courts are required to carry out a balancing act, in order to make sure that a “golden imply” is reached between the rights of the person and people of the society at massive.
The excessive court docket bench in its order stated Majeed has been charged underneath provisions of the stringent Illegal Actions (Prevention) Act (UAPA) and is accused of getting returned to India with an intention to hold out terrorist actions right here.
“Nonetheless, no demise was brought on by the alleged plans hatched by the respondent (Majeed), since he was arrested the second he landed in India,” the court docket stated.
Majeed has been in custody for greater than six years now, the excessive court docket stated, including the method of analyzing round 50 witnesses has taken greater than 5 years and admittedly, there are 107 extra witnesses to be examined.
“Due to this fact, there is no such thing as a probability of the trial being accomplished inside an inexpensive time within the close to future,” the court docket stated.
The bench, whereas quashing and setting apart the decrease court docket’s observations on no prima facie case being established, stated it was unusual the NIA court docket held that at this stage the prosecution had not succeeded to show prima facie case on the premise of examination 49 witnesses.
“The findings rendered in favour of the respondent (Majeed) within the impugned judgment (decrease court docket order) seem like flawed,” the excessive court docket stated in its order.
“We’re of the opinion that contemplating proof of 49 witnesses already examined, when 107 witnesses remained to be examined, was an irrelevant consideration taken into consideration by the NIA court docket,” the bench stated.
It famous that Majeed was an informed particular person and in addition comes from an informed household, therefore his launch on bail with stringent circumstances imposed shall not be dangerous to the society at massive and it will not adversely have an effect on the trial.
The bench directed Majeed to furnish Rs 1 lakh as surety and in addition directed him to stick with his household at Kalyan in neighbouring Thane district.
Majeed has to seem earlier than the police in Kalyan twice day by day for the primary two months and as soon as a day for the subsequent two months.
Extra Solicitor Basic Anil Singh argued that there are over 100 witnesses but to be examined within the trial in opposition to Majeed and therefore, the NIA court docket ought to not have jumped to the conclusion that prima facie case was not established by the prosecution.
The NIA’s case was that Majeed together with three others had travelled to Syria ostensibly for pilgrimage, however by no means visited pilgrimage websites and as a substitute, joined the ISIS with an intention to take pleasure in jihadi actions.
The probing company had additionally claimed that Majeed returned to India with an intention of finishing up terrorist actions, together with an assault on the headquarters of the Mumbai police.
Majeed was arrested in November 2014 underneath provisions of the UAPA and the Indian Penal Code for allegedly waging a conflict in opposition to the nation and different fees.
He was granted bail in March final yr by a particular NIA court docket.
The NIA later approached the HC, difficult the decrease court docket’s order.
The excessive court docket had then in an interim order stayed operation of the bail granted, pending listening to of the NIA’s enchantment.
Therefore, Majeed continued to stay in jail.
Whereas opposing the NIA’s enchantment, Majeed argued that he had gone to Syria solely to assist folks and denied all fees levelled in opposition to him.
He had advised the excessive court docket that it was his father who contacted the NIA and different authorities businesses to deliver him again to India.
He had additionally argued that the trial within the case was progressing slowly and there was no chance of it being accomplished within the close to future.
(Apart from the headline, this story has not been edited by NDTV employees and is printed from a syndicated feed.)