Delhi HC dismisses plea of suspected IS operative to inspect evidence in case

On 5 October, 2015, 23-year-old accused Naser Packeer was apprehended by Sudani authorities for concealing his identity and trying to join IS in Syria.

Ananya Srivastava June 18, 2017 14:48:48 IST
Delhi HC dismisses plea of suspected IS operative to inspect evidence in case

New Delhi: The Delhi High Court has rejected a suspected Islamic State (IS) operative's plea seeking nod to inspect the documents, submitted by the NIA to a trial court in a case relating to the alleged charges of recruiting and financing people to join the terror group.

A bench of justices GS Sistani and Vinod Goel said that the case was related to the "larger conspiracy" by the Islamic State, (referred to as Islamic State of Iraq and Syria (ISIS) by the bench) and further investigation in the matter was going on.

The court also said that a charge sheet has already been filed in the case and the material relied upon by the National Investigation Agency (NIA) would be part of the final report filed by the investigators. Delhi-based Islamic scholar Mufti Abdus Sami Qasmi had approached the high court challenging a special court's December order by which he was denied the copy of documents submitted by the NIA in sealed covers.

Delhi HC dismisses plea of suspected IS operative to inspect evidence in case

Representational image. AFP

Upholding the special court order, the bench referred to the agency's affidavit before it which said that during the investigation, credible intelligence inputs were received that a module for IS was active in different parts of the country and is engaged in recruiting Muslim youth for the banned terror group.

"The input was developed and raids were conducted in different cities at different locations. Eighteen accused persons were arrested in the instant case and incriminating literature, material to fabricate IEDs, electronic devices and money received through hawala channels were seized from the possession of the accused," the bench noted in its order.

According to the NIA, Qasmi was the first cleric to be arrested in the case from Uttar Pradesh's Hardoi district on 5 February, 2016.

The NIA claimed that he was "delivering provocative and inflammatory speeches and was instigating youths for anti-national activities".

The agency, in its affidavit, has also claimed that Qasmi "in the guise of a religious preacher was inciting, motivating and abetting Muslim youths, who sought his guidance in waging violent jihad and supporting and joining the ISIS (Islamic State)".

The charge sheet was filed for the alleged offences under provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).

The agency had filed an FIR in the matter on 9 December, 2015 against unknown and unidentified persons involved in the activities of IS in India and Asian powers in peace with India on inputs received from the Ministry of Home Affairs.

On 5 October, 2015, 23-year-old accused Naser Packeer was apprehended by Sudani authorities for concealing his identity and trying to join IS in Syria. Later, he was deported to India on 10 December, 2015.

The accused persons against whom the agency had filed the charge sheet include Mohd Aleem, Mohd Obaidullah Khan, Nafees Khan, Mohd Shareef Moinuddin Khan, Asif Ali, Najmul Huda, Mudabbir Mushtaq Shaikh, Mohd Abdul Ahad, Suhail Ahmed, Syed Mujahid, Mohd Hussain Khan, Mohd Afzal, Imran and Abu Anas.

They were arrested from different parts of the country for allegedly recruiting and financing people to join the terror organisation.

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