LI Network
Published on: 20 September 2023 at 18:35 IST
The Delhi High Court has rejected the bail plea of Mohd. Amir Javed, who was charged under the Unlawful Activities Prevention Act, 1967, for allegedly conspiring to carry out terrorist activities involving bomb blasts within the country.
A division bench comprising Justice Siddharth Mridul and Justice Anish Dayal ruled that there was a reasonable possibility that Javed was connected to a network of individuals who were aware of the plan to execute acts of terrorism using explosives and causing loss of life.
“The fact that he was the weakest link or a substantial link is an issue which would be proven through trial by the prosecution. At the stage when the accused would be required for the purposes of framing of charges, this Court is of the opinion that he should not be released on bail,” stated the court.
The bench upheld the trial court’s order from May 18, denying Javed regular bail, and dismissed his appeal against the said order.
The FIR was registered by the Delhi Police’s Special Cell in 2021, alleging that a deep-rooted conspiracy had been formed by a terrorist module with operatives in India to carry out various bombings.
Javed was arrested in the case on September 14, 2021, and had spent approximately 20 months in custody by the time his appeal was filed earlier this year. He claims that he was not released during that period.
The prosecution contended that Javed had conspired to orchestrate IED bomb blasts in India as part of the terrorist activities.
“Therefore, having considered the charge-sheet, the totality of the material based on broad probability regarding the involvement of the accused, the documents put forward by the investigating agency, as they were, and in addition pursuant to a surface analysis of probative value, this Court is of the opinion that there are reasonable grounds for believing that the accusation against the appellant is prima facie true,” stated the bench.
The court noted that “even a surface analysis” of the prosecution’s evidence indicated that Javed was primarily charged with conspiracy, along with other co-accused, for the possession of IEDs and other weaponry, including grenades and pistols, for the alleged terrorist activities.
“It is evident in the instant case put forward by the investigating agency, that there was a large-scale conspiracy involving various persons acting for terror modules to engineer bomb blasts in India. The appellant was an integral part of the recovery of arms and explosives. This, prima facie, cannot be said to exculpate the accused/appellant at this stage for the purpose of bail,” concluded the court.
Case Title: Mohd. Amir Javed V. State (NCT of Delhi)
