SC asks special court to conclude trial in UAPA case within one year

The Supreme Court directed a Delhi special court to complete within one year the trial of an alleged ISIS cyber-radicalisation case involving Md Heydaitullah. The court also ordered examination of vital protected witnesses within six months and permitted day-to-day proceedings if required

New Delhi: The Supreme Court on Tuesday asked a special court in Delhi to conclude within one year the trial in a case relating to alleged radicalisation of youth using cyber space by terrorist organisations such as the ISIS.

A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana passed the order while hearing a plea filed by Md Heydaitullah, who had challenged a January 2025 verdict of the Delhi High Court which denied him bail in the case.

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It was alleged that Heydaitullah, who was arrested by the National Investigation Agency (NIA) in October 2022, was disseminating the ISIS ideology through cyber space and various incriminating materials were found in electronic devices recovered from him during investigation.

During the hearing on Tuesday, Additional Solicitor General Aishwarya Bhati, appearing for the NIA, told the apex court that charges have been framed in the case against eight accused.

The counsel appearing for the petitioner told the bench that he was in custody for around four years.

Bhati told the bench that the case was now before a special court and there were 14 protected witnesses.

She said there were a total of 12 accused, out of which four were absconding and eight were charge sheeted.

The bench directed the special court to conclude the examination of vital and protected witnesses within six months.

While disposing of the petition, it also asked the special court to ensure that the trial is concluded within one year.

The bench said the case may be taken up on a day-to-day basis by the special court, if so required.

The high court had refused to grant bail to the accused.

He had challenged a trial court order denying him bail in the case lodged for alleged offences under various sections of the Indian Penal Code and the Unlawful Activities Prevention Act (UAPA).

“The Appellant admittedly in 2018 had taken an oath (Bayath) in the name of Abu Bakr al Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi. Abu Bakr al Baghdadi is admittedly a well-known leader of ISIS and as per the chargesheet had declared formation of ‘caliphate’ in June 2014,” the high court had said in its verdict.

Following an FIR registered in 2021, the NIA had arrested the accused in October 2022.

The prosecution alleged that he disseminated the ISIS ideology through the cyber space and spread hatred against the Government of India by promoting enmity against Hindus on social media.

It was further alleged that he had transferred funds for the cause of ISIS from his bank account.