SC DENIES TO GRANT BAIL TO LAWYER ACCUSED OF HAVING LINKS WITH ISIS.
On October 20, recounting the allegations as "serious", the Supreme Court refused to grant bail to a jailed Surat-based lawyer arrested under the UAPA in 2017 in Gujarat for allegedly discussing, advocating, disseminating ISIS ideology on social media, recruiting persons, and generating funds for the organization.
The bench of Chief Justice N. V. Ramana (head of the bench) and Justice Surya Kant and Hima Kohli was hearing an SLP against a February 2020 order of the Gujarat High Court dismissing his bail petition in connection with an FIR for offenses under Sections 13, 17, 18, 38, and 39 of the UAPA and under Sections 120(B), 121(A) and 125 of the IPC. The bench, however, took note of the fact that the accused Ubed Ahmed has been in jail since October 25, 2017, and even the charges against him have not been framed and the Court directed that the trial court hold hearings twice a week and complete the trial in precisely 1 year.
"Having heard learned senior counsel appearing for the petitioner, Solicitor General appearing for the state of Gujarat and carefully perusing the material available on record, we are not inclined to grant bail to the petitioner."
"However, taking into consideration the fact that the petitioner is reported to be in custody since October 25, 2017, and long pendency of the trial, we direct the concerned Trial Court to expedite the trial and conclude the same within one year from the date of communication of a copy of this Order, by sitting two days in a week, without granting unnecessary adjournments to either of the parties," the bench, also comprising of Justice Surya Kant and Justice Hima Kohli, said in the order.
Senior Advocate Siddhartha Dave, appearing for the accused, said that the applicant is a young advocate practicing in Surat with no antecedent or criminal history.
"There is a 5,000 page-long charge sheet. There are 95 witnesses, which are to be examined during the trial and, therefore, there is no possibility of the conclusion of the trial in near future. Hence, the applicant will be enlarged on bail," Dave said.
Solicitor General Tushar Mehta, appearing for the state government, referred to the alleged link of the accused with ISIS and his visit to Syria. "The allegations against you are very serious. We are on the issue of allegations only," the bench said while expressing its reservation to the bail plea.