SC denies bail to man accused of ISIS links, says ‘best morning to send message’

The Supreme Court refused bail to a man allegedly linked with ISIS, observing he was accused of attempting to create a “ring of terror” in India. The bench remarked it was the “best morning to send a message,” following the Delhi blast

New Delhi: The Supreme Court on Tuesday denied bail to a man who is allegedly associated with the proscribed Islamic State of Iraq and Syria (ISIS) outfit, noting that he has been accused of trying to create a “ring of terror” in the country.

During the hearing, which took place a day after a blast near Delhi’s Red Fort that killed at least 12 people, a bench of Justices Vikram Nath and Sandeep Mehta said it was the “best morning to send a message”.

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The observation came from the bench after the petitioner’s counsel said it may not be the best morning to argue the case, following what happened on Monday. The bench was hearing a plea filed by the accused challenging a January order of the Madhya Pradesh High Court that denied him bail in the case.

The case was lodged for alleged offences under various sections of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC). The petitioner was arrested in May 2023 in the case, which was probed by the National Investigation Agency (NIA). During Tuesday’s hearing, the bench asked the petitioner’s counsel about the recoveries made in the case.

“Forget the witnesses for the moment, how do you explain the recoveries?” it asked. “There is no recovery except Islamic literature,” the counsel replied. The bench said it was alleged that the accused had formed a WhatsApp group identical to that of ISIS.

“What was the intention behind that?” it asked. The bench said charges were framed against the accused, and there was a prima facie case against him. “You are accused of trying to create a ring of terror in the country. Sorry,” the bench said, adding that the accused was trying to create turbulence in India.

The lawyer said no explosive has been recovered, and the petitioner, who is in custody for two and a half years, is 70 per cent differently-abled. The bench refused to entertain the plea seeking bail.

It, however, directed the trial court to conclude the trial in the case within two years. “In case the trial is not concluded within the aforesaid period for no fault attributable to the petitioner, it would be open for the petitioner to revive his prayer for bail,” the bench said.

In its order, the high court had noted that the NIA took up the investigation, in which it was revealed that during the countrywide lockdown in 2020 due to the COVID-19 pandemic, the accused started gaining knowledge about the comparison of religions through videos of controversial Islamic preacher Zakir Naik.

The high court had noted that, according to the allegations in the chargesheet, the accused was associated with the ISIS along with others and had several incriminating documents and pamphlets containing a flag similar to that of the terror organisation.

It was also alleged that the accused, along with others, had conspired to attack an ordnance factory in Madhya Pradesh’s Jabalpur to procure a large quantity of weapons for the furtherance of ISIS’s activities.