Bombay High Court refuses bail to ‘JeM operative’ accused of conducting recce of Hedgewar memorial

Nagpur: The Nagpur bench of the Bombay High Court on Friday denied bail to a Jammu and Kashmir resident, accused of being a Jaish-e-Mohammed operative and conducting a recce of the memorial of RSS founder Dr K B Hedgewar here.

Raees Ahmed Sheikh Asadulla Sheikh was arrested in 2022 for allegedly conducting a reconnaissance of Dr Hedgewar Smruti Mandir, the memorial of the Rashtriya Swayamsevak Sangh (RSS) founder, located in the city’s Reshimbag area, on September 15, 2021.

He had moved the HC earlier this month seeking bail citing lack of evidence.

A division bench of Justices Nitin Suryawanshi and Pravin Patil rejected the bail plea. A detailed copy of the order will be available later.

Sheikh is currently lodged in Nagpur Central Jail.

As per prosecution, Sheikh had also allegedly planned to conduct a recce of the RSS headquarters located in the Mahal area of the city but couldn't do so.

It is alleged that Sheikh passed on information, after conducting the recce, to his handler in Pakistan.

In the bail plea filed through advocate Nihalsingh Rathod, Sheikh had claimed that there was no evidence to prove he was conducting a recce of the places concerned for any unlawful activity.

Sheikh’s activities do not fall under the purview of the Unlawful Activities (Prevention) Act (UAPA), his lawyer argued in the court.

Government pleader Devendra Chauhan told the court that there was ample material to show that Sheikh was associated with the banned terrorist organisation Jaish-e-Mohammed (JeM).

His activities were in furtherance of a future terrorist attack and therefore it would be covered under the definition of a terrorist act under the UAPA, he said.

“The purpose of the act (recce) was not to wait till the outcome of the final action, but even preparatory actions are held as terrorist acts,” he said.

“There was no natural conduct about why he came to Nagpur and that his coming to the city was not natural. The accused had no relatives or business purpose and other factors which could say that his visit was natural,” Chauhan had said.

He also brought to the notice of the court the statements of autorickshaw drivers and staffers of the hotel that the accused used.

Chauhan also told the court that the data related to the calls made by the accused outside the country were also available.

As per the police probe, Sheikh’s target was to conduct a recce of the six lanes connecting the RSS headquarters. However, after observing a huge number of police personnel deployed for security, he did not dare to enter the lanes.

After getting concrete evidence from Jammu and Kashmir police and intelligence agencies, a case under UAPA was registered against Sheikh at Kotwali police station.