'Jihadi' meetings: SC dismisses Centre's appeal against bail to UAPA accused

New Delhi: The Supreme Court on Wednesday dismissed an appeal filed by the Union government against the Karnataka High Court's April 21, 2022 order, which granted bail to a man, arrested initially by the Bengaluru police under the Unlawful Activities (Prevention) Act for participating in ''Jihadi'' meetings of organisation, AL-Hind.

A bench of Justices Vikram Nath and K V Vishwanathan upheld the grant of bail to accused Saleem Khan and denial of the similar relief to another accused Zaid Khan.

Without delving deep into the facts and the reasonings, the bench said, "The Karnataka High Court has dealt with all the aspects in great detail. The reasons given for grant of bail to Saleem Khan, and the reasons given for refusal to grant bail to accused Mohd Zaid in our considered opinion is fully justified and reasonable."

The court pointed out, in case of Saleem Khan, the High Court noticed that the allegations found in the charge-sheet related to his connections with an organisation by the name of AL Hind, which admittedly is not a banned organisation under the schedule to UAPA. 

Therefore, to say that he was attending meetings of the said organisation, AL-Hind and others would not amount to any prima facie offence, the bench cited the HC's order.

The court also noted the HC's order was passed almost 3-1/2 years ago.

"As such, it may not be just and proper to interfere with the same at this stage. Further, it is admitted position at the bar that the charges have not been framed so far and trial has not commenced even though the accused have been in custody for 5-1/2 years,'' the bench said.

On Mohd Zaid, the bench pointed out, the High Court has found his involvement with banned terrorist organisations, his active role in operating dark web and assisting the members of the banned terrorist organisations. 

"The reasons given by the High Court are based upon the material collected during investigation and as reflected in the charge-sheet. The High Court further noticed the involvement of Zaid in another case under UAPA. Although, we may record here that in the said case arising from State of Tamil Nadu, he has been granted bail by the Madras High Court. We, therefore, find that the High Court was justified in not granting bail to him,'' the bench said.

The bench, however, directed the trial court to expedite the proceedings and conclude it within a period of two years as more than 100 witnesses are to be examined by the prosecution.  

"The fact remains that the trial has not commenced despite lapse of 5-1/2 years. Accused cannot be allowed to languish in jail without being given a fair and speedy trial,'' the bench said.

As many as 17 accused were named in the FIR, registered by Suddanguntepalaya Police Station on January 10, 2020. The case was later referred to the National Investigating Agency, which re-registered the case on Janaury 22, 2020. 

Saleem Khan was arrested on Janaury 20, 2020 and Zaid Khan on March 09, 2020. The charge sheet was filed on July 13, 2020.