Nagpur Bench Of Bombay HC Denies Bail To Alleged JeM Operative Accused Of Recce At RSS Memorial

Mumbai: The Nagpur bench of the Bombay High Court on Friday refused to grant bail to a Jammu and Kashmir (J&K) - resident, an alleged Jaish-e-Mohammed (JeM) operative, who was arrested for conducting a recce of the memorial of RSS founder Dr K B Hedgewar, noting he had done acts that would disturb the "peace and tranquillity of India".

The court observed that Raees Ahmed Sheikh Asadulla Sheikh was an "overground worker of banned terrorist organization JeM and he was providing logistic support to the said organisation".

"The appellant (Sheikh) was preparing to commit an act, which would otherwise disturb the unity, integrity, peace and tranquillity of India," the bench noted.

The judges said that Sheikh was in “contact with the members of the banned terrorist organization JeM, who were operating from Pakistan”. 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 HC relied on the Call Detail Records (CDR) between Sheikh’s mobile number and numbers from Pakistan.

Sheikh, currently lodged in Nagpur Central Jail, approached the HC seeking bail contending that there was lack of evidence. A bench of Justices Nitin Suryawanshi and Pravin Patil rejected the bail plea. A detailed order copy will be available later.

Prosecution alleged that Sheikh had also planned to conduct a recce of the RSS headquarters located in the Mahal area of the city but couldn't do so. It is alleged that Sheikh passed on information, after conducting the recce, to his handler in Pakistan.

His bail plea contended that there was no evidence to prove he was conducting a recce of the places concerned for any unlawful activity. Also, the alleged activities do not fall under the purview of the stringent Unlawful Activities (Prevention) Act (UAPA).

State opposed the plea contending that there was ample evidence to show that Sheikh was associated with the banned terrorist organisation JeM.

Shaikh’s 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. Even the preparatory actions are held as terrorist acts, the State submitted. Also, the State argued, that Shaikh visiting Nagpur was not natural as he had no relatives or business purpose and other factors.

The prosecutor also showed to the court the statements of the autorickshaw drivers and staffers of the hotel that the accused used. Further, the prosecution submitted call details made by Sheikh outside the country.

The prosecution case is that Sheikh planned to conduct a recce of the six lanes connecting the RSS headquarters. However, he did not dare to enter the lanes due to heavy police deployment. The police registered a case under the UAPA after getting concrete evidence form J&K police and intelligence agencies.