MAMUNUR RASHID Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Ahmed, learned counsel for the petitioner. Also heard Mr. B. Sarma, learned Additional Public Prosecutor appearing for the State.

(2.) This application under Sec. 483 of the BNSS, 2023 has been filed by the petitioner, namely, Mamunur Rashid, who has been detained behind the bars since 12/9/2022, (for more than three months, three years) in connection with Sessions Case No. 10/2023 arising out of Barpeta P.S. Case No. 763/2022 under Ss. 120B/121/121A of IPC read with Ss. 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 pending before the Court of learned Sessions Judge, Barpeta.

(3.) The gist of accusation in this case is that, on 28/7/2022,an FIR was lodged before Barpeta Police Station, inter-alia , stating that based on intelligence inputs and local enquiries on certain information that came to light during the investigating of two other Barpeta Police Station Cases, namely, (i) Barpeta P.S. Case No. 268/2022 under Ss. 120(B)/121/121(A) IPC read with Ss. 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 read with Sec. 12(1)(c) of the Passport Act, 1967 and 14 A(b) of the Foreigners Act, 1946 and (ii) Barpeta P.S. Case No. 419/2022 under Ss. 120(B)/121/121A IPC read with Ss. 17/18/18B/19/20 of the Unlawful Activities (Prevention) Act, 1967 regarding the existence of a Jehadi (terror) outfit based in Bangladesh and operating in the district of Barpeta, it was learnt that several modules of the banned Ansarullah Bangla Team (ABT) having affiliation to Al-Qaeda in the Indian Subcontinent (AQIS) being active in Barpeta district and that the members/supporters of ABT are indoctrinating and motivating youth/men of Barpeta district to join such Jehadi outfits and work in modules "Ansars" (Sleeper cells) for creating a base for Al-Qaeda and its manifestations in various forms of names and styles in India, all of which are declared terrorist organisations in India as per the provisions of the Unlawful Activities (Prevention) Act, 1967. On examination, it is found that those modules had hatched a criminal conspiracy with other members of ABT along with a group of men/youth of the district for facilitating further training of indoctrinated youth/men for waging Jehad and related terrorist activities in the district where they are working towards advocating, abetting, inciting, assisting, harbouring, recruiting and collecting funds for organizing and committing unlawful and terrorist activities in the name of Jehad.