IS module case: HC refuses bail to Al-Hind group member

The High Court of Karnataka has refused bail to Mohammed Zaid, a member of Al-Hind group, in a case being investigated by the National Investigation Agency (NIA). The petitioner is accused of contacting unknown handlers of ISIS, a banned organisation, through dark web and teaching dark web operations to others.

The case was initially registered by the Suddaguntepalya police on January 10, 2020, and subsequently handed over to the NIA on January 23, 2020. The NIA filed the charge sheet in the case on July 13, 2020, for the offences under the Unlawful Activities (Prevention) Act and under IPC Section 120 (b), for criminal conspiracy. The special court for NIA cases had rejected the applications filed by the accused seeking bail.

The petitioners moved the high court seeking bail and contended that Al-Hind group is not a banned terrorist organisation as contemplated under the Unlawful Activities (Prevention) Act. The NIA argued that the accused regularly attended Jihadi and martial arts classes at Al-Hind office during late-night hours apart from attending training sessions on handling of pistols and bows and arrows.

A division bench headed by Justice B Veerappa refused bail to Zaid and noted that he was associated with Mehboob Pasha, the main accused in the case for contacting an unknown ISIS handler through dark web. The court also took note of the charge sheet material and pointed out that Zaid allegedly prepared fake Aadhar cards for Al-Hind group members and was thus involved in furthering the activities of ISIS in the country.

Insofar as another petitioner Saleem Khan, who is accused number 11 in the case, the court noted that the prosecution has not produced sufficient material. “Mere attending meetings and becoming a member of Al-Hind group, which is not a banned organisation as contemplated under the schedule of Unlawful Activities (Prevention) Act and attending Jihadi meetings, purchasing training materials and organising shelters for co-members is not an offence as contemplated under Section 2 (k) or Section 2 (m) of Unlawful Activities (Prevention) Act,” the court said. The court granted bail to Saleem Khan.