Mumbai: 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 Nagpur-based memorial of RSS founder Dr K B Hedgewar noting he had done acts that would disturb the “peace and tranquility of India”.
The HC’s Nagpur bench said accused Raees Ahmed Sheikh Asadulla Sheikh was an “overground worker of banned terrorist organization JeM and he was providing logistic support to the said organisation”.
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 Nagpur’s Reshimbag area, on September 15, 2021.
It is alleged that Sheikh “passed on information, after conducting the recce, to his handler in Pakistan”.
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 noting that there was prima facie evidence against him.
“The appellant (Sheikh) was preparing to commit an act, which would otherwise disturb the unity, integrity, peace and tranquility of India,” the court said in its order.
The prosecution material shows the involvement of Sheikh “in the terrorist activities of banned terrorist organization JeM”, the High Court said.
“Appellant was in contact with the members of banned terrorist organization JeM, who were operating from Pakistan,” it said.
Prima facie, Sheikh was involved in the commission of preparatory acts for commission of a terrorist act, the HC said.
“The act attributed to appellant is sufficient to prima facie hold that he was committing acts, which were preparatory in nature in order to commit a terrorist act,” HC said.
The bench also relied on the Call Detail Records (CDR) of numbers from Pakistan and Sheikh’s cellphone number which showed he was in contact with the members of banned terrorist organization JeM operating from Pakistan.
Sheikh is currently lodged in Nagpur Central Jail.
As per the prosecution, Sheikh had also allegedly planned to conduct a recce of the RSS headquarters located in the Mahal area of Nagpur but couldn’t do so.
In the bail plea filed through advocate Nihalsingh Rathod, Sheikh had claimed 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 there was ample material to show 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, Chauhan 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.
His coming to Nagpur was not natural, Chauhan said, adding the accused had no relatives or business purpose and other factors which could say that his visit was natural.
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 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.
