Delhi HC refuses bail to man accused of being ISIS operative

The Delhi High Court has refused bail to an alleged ISIS member accused of procuring arms and ammunition for the proscribed outfit and using social media platforms to promote it.

A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar upheld a trial court's detention orders saying it was not mechanical in nature and said accused Mohd Rizwan Ashraf could not have been released on account of ongoing investigation as releasing him and others at a crucial stage would have impeded the probe.

"This court is satisfied that the trial court has applied its mind to the grounds which have been set forth. The trial court has categorically observed that the investigation progressed substantially during the (remand) extensions that had been granted by it and the investigation had not been stagnant. The order of the trial court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion," the bench said in its judgment passed on Thursday.

Ashraf was arrested by the National Investigation Agency (NIA) in the case on October 1, 2023 under the provisions of the Unlawful Activities (Prevention) Act (UAPA).

He challenged various orders of the trial court extending his custody on various occasions, including on February 24, 2024 when his judicial custody was extended by 25 days. On the same day, the trial court had dismissed his plea for default bail.

Ashraf's counsel submitted that the orders were passed by the trial court in a mechanical and perfunctory manner and did not indicate any individual assessment of his role.

The counsel argued the NIA failed to demonstrate why Ashraf's continued detention was necessary for the purpose of investigation.

The high court said three accused persons, including Ashraf, were active members of the Islamic State of Iraq and Syria (ISIS) and they were propagating the ideology of the organisation and trying to recruit youth for its objectives.

"At the time when the remand orders were being considered, material was being unearthed to establish that the accused, including the appellant (Ashraf), were conducting recce at various Indian cities including, but not limited to, Delhi, Mumbai, Ahmedabad and Surat for terrorist activities.

The order observed aside from India, conspiracy was also being hatched in other countries. "A money trail from Maldives was also being investigated. Material on record indicates that investigation was also underway to find out about other associates of the accused," the bench said.

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