SC dismisses IISc attack case convict's bail plea

SC declines to consider IISc attack case convict's bail plea

Supreme Court. Credit: PTI Photo

The Supreme Court has declined to consider bail plea by a convict in the IISc Bengaluru attack case, saying it would instead consider the pending appeal in the matter where the accused were awarded life term. 

A bench of Justices Uday Umesh Lalit, Vineet Saran, S Ravindra Bhat refused to consider the bail plea by Nazmuddin alias Munna, from Chintamani in Chikkballapur district.

Munna's counsel Farrukh Rasheed sought relief on several grounds, including that the applicant has continuously been inside the jail since January 10, 2006, and has served out more than 14 years of his sentence of life imprisonment.

He also contended the allegations of conspiracy in the case were baseless and the High Court, as well as Trial Court, failed to appreciate the evidence in proper perspective. 

"There is no semblance of material to show that the alleged act of conspiracy was made against the Government of India or any State Government. There was no attempt to wage war, no abetment to wage war. Mere preparation as observed by the trial court is no offence," the application read.

The court, however, ordered, "Instead of taking up this application for orders, we deem it appropriate to list the appeal for disposal."

It directed for listing the appeal as well as the connected appeals as the first item on January 19, 2021.

The bench also asked the counsel appearing for the accused and the state government to file a brief synopsis on or before January 13, 2021.

The court had issued notice to the Karnataka government on special leave petition by the convicts here on October 21, 2016 "restricted to the question of sentence only".

The trial court had in December 2011 sentenced Mohammed Razhur Rehman and others to seven years imprisonment but the Karnataka HC had in May 2016 enhanced it to life imprisonment by holding them guilty for conspiracy for waging war against the country.

On their appeals, the top court sought reports from the state government on their mental condition in order to ascertain if they belonged to any radical organisation. It had later also sought a report from the NIA.

The convicts are Mohammed Razhur Rehman alias Umesh, a native of Nalgonda in Andhra Pradesh, Afsar Pasha alias Basheeruddin, a resident of Lakkasandra in Bengaluru, Mohammed Irfan of Mulbagal in Kolar district, and 

The Bengaluru police claimed all of them belonged to banned terror outfit, Lashkar-e-Taiba and were planning to attack premier institute, IISc, Bengaluru.