'Best time to send message': SC declines to consider bail plea of man accused of promoting ISIS ideology

New Delhi: The Supreme Court on Tuesday refused to entertain a bail plea of a person accused of offences under the Unlawful Activities (Prevention) Act (UAPA) in an unrelated case, for allegedly being part of a conspiracy to promote ISIS ideology and carry out terror activities.

Dealing with the matter a day after the Delhi blast, a bench of Justices Vikram Nath and Sandeep Mehta said, "It is the best morning to send a message," as senior advocate Siddharth Dave, appearing for the petitioner, submitted, "it is not the best morning to argue this case after the events of November 10."

The court pointed out that it was an admitted fact that inflammatory material was recovered from the accused. The counsel replied that it was only Islamic literature.

The bench, however, told the counsel that his client had formed a WhatsApp group, and in that group, a flag almost identical to that of ISIS was seen.

“Leave aside the witness, what about the recovery? You formed a WhatsApp group almost identical to ISIS. What is the intention behind that?" the bench asked the counsel.

The counsel submitted that under the meaning of conspiracy, mere planning was not enough. He also said, the petitioner has been in jail for over two years. 

However, the bench observed that he was facing serious accusations.

The court pointed out that the petitioner was accused of creating a ring of terror in the country. 

The counsel insisted that no RDX or explosive material was recovered, and the accused was 70 per cent disabled, and he had already spent two-and-a-half years in custody.

Declining to consider the bail plea, the court ordered that the trial should be concluded within two years, and if it does not get over within this time frame, then the petitioner can reapply for bail if the delay in trial is not attributable to him.

Petitioner Syed Mamoor Ali alias Mamoor Bhai challenged the Madhya Pradesh High Court's order of January this year, rejecting his bail plea. He was accused of conspiring with others to attack Jabalpur Ordnance Factory to procure weapons.