SAHEER Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This appeal is preferred invoking Sec. 21 of the National Investigation Agency Act, 2008 (NIA Act) challenging an order passed by the Special Court for Trial of NIA cases, Ernakulam (the Special Court), dismissing an application for bail submitted by the appellant who is the fifth accused in RC No.02/2023/NIA/KOC.

(2.) The appellant was arrested on 9/1/2024 and immediately thereupon the final report in the case was filed on 12/1/2024. The materials placed on record indicate that the Central Government had received credible information that an ISIS/IS-KP Module, a proscribed terrorist organization, was working in secrecy for the purpose of committing acts prejudicial to the sovereignty and integrity of India by conspiring to target certain prominent members of the society and religious places of other communities to commit terrorist acts and create communal disharmony in the society; that as part of the larger conspiracy of the ISIS/IS-KP, the members of the module identified gullible Muslim youths and radicalised them through encrypted communication channels to join ISIS/IS-KP and that in order to raise funds for furthering the activities of ISIS/IS-KP, they have committed various criminal and illegal activities. The materials placed on record also reveal that the Central Government was of the opinion that the above activities would have serious ramifications and accordingly, the Ministry of Home Affairs, Government of India vide order F.No.11011/58/2023/NIA dtd. 10/7/2023 directed the NIA to take up investigation of the matter, and the subject case was registered and investigated accordingly by the NIA.

(3.) It is alleged in the final report that the second accused being an active cadre of Popular Front of India (PFI) involved in several violent criminal activities of PFI, got himself associated with India Fraternity Forum (IFF), the overseas forum of PFI while in Qatar since 2012; that he subscribed to the violent jihadi ideologies of ISIS while in Qatar; that he conspired with the first accused to return to India and to establish an ISIS module in Kerala to recruit gullible youths to the module and he established an ISIS module in Kerala accordingly and recruited several persons in the module for furthering the activities of ISIS. It is also alleged in the final report that the second accused along with accused 1, 3 and 4 started recruiting others to ISIS module in Kerala and he has, along with others, committed several crimes to raise funds for pro- ISIS activities. It was also alleged in the final report that the second accused and others conducted recce of Hindu Temples and prominent persons of other communities for targeting as well as for looting and that the second accused propagated ISIS ideology through the social media, secret communication platforms and in person. The offences alleged against the second accused in the final report are offences punishable under Ss. 120B of the Indian Penal Code (IPC) and Ss. 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 (the UAPA).