The Delhi High Court has refused bail to two men accused of running the Rajasthan unit of the banned Indian Mujahideen group, who were detained under anti-terrorism laws.
A bench of Justices Prathibha M Singh and Madhu Jain rejected the plea of the two men, Muhammad Saqib Ansari and Waqar Azhar, in its ruling on Friday. The court observed that they are active members of the banned terrorist organization Indian Mujahideen and key operatives in charge of running its Rajasthan unit, adding that they have links with the outfit’s leadership not only in India but also in Pakistan.
“The appellants are persons who were in contact with the Indian Mujahideen leadership not only in India but also in Pakistan. They disseminated jihadi material and provided bomb-making training,” the court said.
The court further noted that the seizures made in Jaipur and Jodhpur were significant, stressing that the materials recovered, including chemicals, electronic equipment, components of explosive devices, weapons, detonators and digital devices, have the potential to cause significant damage and cannot be ignored.
“The manner in which the appellants have been fully involved in the activities of the Indian Mujahideen leaves no doubt that in order to prevent them from indulging in anti-national and terrorist activities, and in view of the fact that they pose a flight risk and could also have influence over other witnesses who will appear in the matter, this court is of the view that they do not deserve to be released on bail,” the court added.
In its ruling, the court also rejected the reasons for releasing them on equal terms. “Parity cannot be established between the materials seized from Muhammad Maruf (one of those named in the case), which were only in the form of digital devices and the explosive materials seized from these two appellants. Therefore, they cannot claim parity merely because this court has released Muhammad Maruf on bail,” the court said.
The two were arrested by the Delhi Police Special Cell in March 2014 and charged under the provisions of the Unlawful Activities (Prevention) Act (UAPA) and the Indian Penal Code (IPC).
The case began in November 2011, when police arrested an Indian Mujahideen member whose interrogation led to the identification of several other people. Later, 18 people, including Yasin Bhatkal, were arrested, and large quantities of explosives, chemicals, weapons and ammunition were seized.
During their interrogation, Al-Ansari and Al-Azhar admitted that they were members of the group and that they were in contact with Riyaz Bhatkal Waqas and Tehseen Akhtar. They allegedly revealed plans to carry out a terror attack in Delhi on the directions of Riyaz Bhatkal, besides involving units operating in Bharatpur, Sikar and Jodhpur. The police also claimed that they tried to manufacture the poison using chemicals such as magnesium sulphate, acetone and castor seeds, with the aim of sending poisonous messages to the targets.
The trial court had denied them bail in January through two separate orders, against which they had approached the Delhi High Court.
In their petition, the two men, represented by lawyer Deeksha Dwivedi, said that of the 25 people named in the case, 11 have already pleaded guilty, one has died, and 13 are still facing trial. They also noted that another defendant, in a similar situation, had been released on bail. The lawyer further asserted that the FIR registered with the Delhi Police relates to a less serious offense as compared to the one registered in Jodhpur and Jaipur. In one Jaipur case, although the two men were convicted, the court suspended their sentences. It was also said that the two have already spent nearly 12 years in custody.
The Special Cell of Delhi Police, represented by Additional Public Prosecutor Ritesh Bahri, along with advocate Divya Yadav, stated that the FIR registered by the Special Cell is the mother FIR and the areas registered in Jaipur and Jodhpur were after its registration.
