Free Press Journal

NIA opposes bail of aide of IM co-founder Yasin Bhatkal in HC


New Delhi: National Investigation Agency has opposed in the Delhi High Court the bail plea of Asadullah Akhtar, an aide of Indian Mujahideen (IM) co-founder Yasin Bhatkal, saying he is a member of the banned terror outfit allegedly responsible of various attacks in the country.

In a response filed before a bench of justices P K Bhasin and J R Midha, NIA said Akhtar is not entitled to statutory bail on the ground that the probe agency did not file the charge sheet within stipulated period of 90 days.

“The special NIA court vide a legal order enhanced the stipulated time priod for filing the charge sheet from 90 days to 180 days and so the plea of grant of statutory bail under section 167 (2) of the CrPC is not maintainable,” it said.

“It is submitted that the said application (of Akhtar) is not maintainable as the charge sheet qua the appellant was filed on February 20, 2014 and as per the settled law, there can be no application for bail under section 167 (2) of the CrPC after the charge sheet is filed,” NIA’s reply, filed by IPS officer Vikas Vaibhav, said.

Detailing the role of IM, the agency said the members of IM, a “proscribed terror organisation, in association with the other sleeper cells based in the country and others are conspiring to commit terrorist acts by making preparations for targeting various prominent places in India, especially in Delhi, by carrying out bomb blasts with the active aid and support from their Pakistan-based operators…”.

NIA alleged IM had managed to set up a widespread “clandestine’ network in the country.

Akhtar, who has been in judicial and NIA’s custody after his arrest on Augist 28, 2013 from Raxaul in Bihar near Nepal border, has moved the high court through his lawyer Mehmood Pracha seeking setting aside of the lower court order to refuse him statutory bail.

NIA had on February 20 filed its second charge sheet against Yasin Bhatkal, Asadullah and two other suspected operatives of the banned group in connection with a case of alleged conspiracy to carry out terror acts in the country.