New Delhi [India], September 15 (ANI): The Delhi High Court on Monday granted bail to Mohd Saqib alias Saqib Iftekar after eight years of custody.
He was arrested by the NIA in 2018 for allegedly supporting terror outfits like ISIS, Jaish-E-Muhammad, and Al-Qaeda.
The High Court noted that in eight years, only 40 witnesses out of 120 have been examined so far, and the trial will take a long time to be concluded.
A division bench of Justices Navin Chawla and Ravinder Dudeja granted bail to Mohammad Saqib on furnishing a bail bond of Rs. 50000 and two sureties in the like amount and other conditions.
While granting bail, the High Court noted, “In the present case, the appellant had been taken in custody on December 26, 2018, and has, therefore, remained in jail for almost eight years. Presently, out of 120 witnesses cited by the prosecution, statements of only 40 witnesses have been recorded. The special public prosecutor of NIA submitted that the respondent shall drop 39 witnesses. Even if that be so, the trial is not likely to end any time soon.”
“Having considered the statements of the witnesses and the allegations against the appellant, and being moved particularly by the long period of incarceration of the appellant, we are of the opinion that the appellant has been able to make out a case for being released on bail,” the bench ordered on September 14.
The NIA had registered a case in 2018 under Sections 120B, 121, 121A, and 122 of the Indian Penal Code, 1860 (IPC) and Sections 17, 18, 18B, 20, 38, and 39 of the Unlawful Activities (Prevention) Act, 1967 (UAPA) and Sections 4 and 5 of the Explosive Substances Act, 1908.
The appellant had challenged the rejection of his bail application by the Patiala House Courts on May 27, 2024.
The counsel for the accused submitted that the only allegation against the appellant is that he visited Kashmir along with accused Muhammad Absar in July 2017 and July 2018 to request prosecution witness Reyaz Ahmad Najar to facilitate a meeting with the militants.
Admittedly, Reyaz Ahmad Najar knew the appellant from before, as they studied at the same madrasa in Uttar Pradesh.
The counsel submitted that a holistic reading of the statement of Najar would show that the appellant neither requested to facilitate the meeting with the militants nor showed any interest in the same.
It was also submitted that the prosecution relies on the statement of prosecution witness Zubair Siddique Lone, who again does not truly implicate the appellant in any of the offences.
The counsel also submitted that, in any case, as these witnesses stand examined and the appellant has remained in custody for almost 8 years, and the trial is not likely to end any time soon, the appellant be released on bail.
On the other hand, NIA’s Special Public Prosecutor (SPP) Rahul Tyagi, along with Advocate Amit Rohila, submitted that mere delay in the conclusion of the trial cannot be a reason to grant bail to the appellant.
The NIA also submitted that there are serious allegations against the appellant in that he is the one who introduced the prime motivator of the terror module in Jammu & Kashmir, Mufti Mohd Suhail and Anas Younus, to Naim alias Mohd Naeem.
The SPP further submitted that the appellant also went to Kashmir with accused Muhammad Absar to try to make contact with the terrorists so that they could obtain training. He also procured arms, and from his possession, incriminating material in the form of pamphlets and other materials was recovered. He submitted that given the seriousness of the charges against the appellant, the appellant should not be released on bail.
It is alleged that Mohammad Saqib is a member of the Pro-IS group Harkat-ul-Harb-E-Islam. He propagated the ideology of ISIS and supported the ideology of Jaish-E-Muhammad, for which he also established contacts in the Tral region of Jammu & Kashmir to arrange certain local terrorists to commit terrorist acts within India and to wage war against the Government of India.
The agency has alleged that Saqib was instrumental in the formation of the group led by accused Mufti Mohammad Suhail, wherein Saqib contributed by arranging for weapons through his contacts in western UP.
He knowingly facilitated the waging of war against the Government of India by concealing the design of his group members. He also supported proscribed terrorist organisations like ISIS, Jaish-E-Muhammad, and Al-Qaida, the NIA said. (ANI)
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