The Bombay Excessive Court docket in the present day upheld a particular courtroom’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 courtroom’s order granting bail to alleged ISIS terrorist Areeb Majeed.
In March final yr, Majeed was granted bail by a particular NIA courtroom which famous the tempo of the trial was sluggish and likewise on the bottom that the prosecution had not succeeded in proving its prima facie case towards the accused.
The excessive courtroom mentioned whereas it was upholding the decrease courtroom’s order granting bail to Majeed on the bottom of pendency of trial, it was quashing the observations made by it (decrease courtroom) on deserves of the case.
The order mentioned whereas Majeed’s case on sluggish 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 courtroom famous that the suitable to honest 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 mentioned in instances the place an individual is booked for critical 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 courtroom bench in its order mentioned Majeed has been charged beneath 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.
“Nevertheless, no dying was brought on by the alleged plans hatched by the respondent (Majeed), since he was arrested the second he landed in India,” the courtroom mentioned.
Majeed has been in custody for greater than six years now, the excessive courtroom mentioned, 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 isn’t a probability of the trial being accomplished inside an inexpensive time within the close to future,” the courtroom mentioned.
The bench, whereas quashing and setting apart the decrease courtroom’s observations on no prima facie case being established, mentioned it was unusual the NIA courtroom held that at this stage the prosecution had not succeeded to show prima facie case on the idea of examination 49 witnesses.
“The findings rendered in favour of the respondent (Majeed) within the impugned judgment (decrease courtroom order) seem like flawed,” the excessive courtroom mentioned 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 under consideration by the NIA courtroom,” the bench mentioned.
It famous that Majeed was an informed particular person and likewise 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 likewise directed him to stick with his household at Kalyan in neighbouring Thane district.
Majeed has to look earlier than the police in Kalyan twice day-after-day for the primary two months and as soon as a day for the subsequent two months.
Further Solicitor Normal Anil Singh argued that there are over 100 witnesses but to be examined within the trial towards Majeed and therefore, the NIA courtroom 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 bask 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 beneath provisions of the UAPA and the Indian Penal Code for allegedly waging a battle towards the nation and different costs.
He was granted bail in March final yr by a particular NIA courtroom.
The NIA later approached the HC, difficult the decrease courtroom’s order.
The excessive courtroom 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 costs levelled towards him.
He had informed the excessive courtroom that it was his father who contacted the NIA and different authorities companies to carry 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.)