A department bench of Justices S.S. Shinde and Manish Pitale disposed of an attraction filed via the Nationwide Investigation Company (NIA), difficult the particular courtroom’s order granting bail to alleged ISIS member Majeed.
In March remaining yr, Majeed was once granted bail via a distinct NIA courtroom which famous the tempo of the trial was once sluggish and likewise at the flooring that the prosecution had now not succeeded in proving its prima facie case towards the accused.
The HC stated whilst it was once upholding the decrease courtroom’s order granting bail to Majeed at the flooring of pendency of trial, it was once quashing the observations made via it (decrease courtroom) on deserves of the case.
The order stated whilst Majeed’s case on sluggish trial seems to be on a “company footing”, the particular NIA courts remark in regards to no prima facie case established at this level was once “fallacious”.
The HC famous that the best to truthful and rapid trial is a constitutional proper and if after a protracted and long trial the accused is located to be now not responsible, then the selection of years spent via her or him as undertrial can by no means be given again to them.
It stated in instances the place an individual is booked for severe and heinous offences, courts are required to accomplish a balancing act, so to make certain that a “golden imply” is reached between the rights of the person and the ones of the society at huge.
The HC bench in its order stated Majeed has been charged underneath provisions of the stringent Illegal Actions (Prevention) Act (UAPA) and is accused of getting returned to India with an aim to hold out terrorist actions right here.
“Alternatively, no dying was once led to via the alleged plans hatched via the respondent (Majeed), since he was once arrested the instant he landed in India,” the courtroom stated.
Majeed has been in custody for greater than six years now, the top courtroom stated, including the method of inspecting round 50 witnesses has taken greater than 5 years and albeit, there are 107 extra witnesses to be tested.
“Subsequently, there is not any probability of the trial being finished inside a cheap time within the close to long run,” the courtroom stated.
The bench, whilst quashing and surroundings apart the decrease courtroom’s observations on no prima facie case being established, stated it was once extraordinary the NIA courtroom held that at this level the prosecution had now not succeeded to end up prima facie case at the foundation of exam 49 witnesses.
“The findings rendered in favour of the respondent (Majeed) within the impugned judgment (decrease courtroom order) seem to be fallacious,” the HC stated in its order.
“We’re of the opinion that making an allowance for proof of 49 witnesses already tested, when 107 witnesses remained to be tested, was once an inappropriate attention taken under consideration via the NIA courtroom,” the bench stated.
It famous that Majeed was once an informed individual and likewise comes from an informed circle of relatives, therefore his free up on bail with stringent prerequisites imposed shall now not be destructive to the society at huge and it might now not adversely impact the trial.
The bench directed Majeed to furnish Rs 1 lakh as surety and likewise directed him to stick with his circle of relatives at Kalyan in neighbouring Thane district.
Majeed has to seem earlier than the police in Kalyan two times each day for the primary two months and as soon as an afternoon for the following two months.
Further Solicitor Basic Anil Singh argued that there are over 100 witnesses but to be tested within the trial towards Majeed and therefore, the NIA courtroom ought to not have jumped to the realization that prima facie case was once now not established via the prosecution.
The NIA’s case was once that Majeed in conjunction with 3 others had travelled to Syria ostensibly for pilgrimage, however by no means visited pilgrimage websites and as an alternative, joined the ISIS with an aim to bask in jihadi actions.
The probing company had additionally claimed that Majeed returned to India with an aim of wearing out terrorist actions, together with an assault at the headquarters of the Mumbai police.
Majeed was once arrested in November 2014 underneath provisions of the UAPA and the Indian Penal Code for allegedly waging a conflict towards the country and different fees.
He was once granted bail in March remaining yr via a distinct NIA courtroom.
The NIA later approached the HC, difficult the decrease courtroom’s order.
The HC had then in an period in-between order stayed operation of the bail granted, pending listening to of the NIA’s attraction.
Therefore, Majeed persisted to stay in prison.
Whilst opposing the NIA’s attraction, Majeed argued that he had long gone to Syria simplest to lend a hand folks and denied all fees levelled towards him.
He had informed the HC that it was once his father who contacted the NIA and different govt businesses to convey him again to India.
He had additionally argued that the trial within the case was once progressing slowly and there was once no chance of it being finished within the close to long run.