MUMBAI: The Bombay High Court bench of Justices Nitin Jamdar and Sarang Kotwal on Monday allowed an alleged ISIS sympathiser to appear for the online CET exams 2021, without paying the police escort charges. The bench said it would later on decide if the accused, presently lodged in the Taloja central jail, could afford paying the charges or not.
The bench was seized with a plea filed by Mohammed Shahed Khan Khader Ali Khan, a resident of Parbhani seeking permission to appear for the exams without paying the police escort charges.
Khan was arrested in 2018 for having alleged links with ISIS and for preparing an Improvised Explosive Device (IED) with other accused, by the State ATS.
Notably, a special court had on September 29 allowed Khan to appear in the exams but after paying the police escort charges. The special court had ordered the Kalamboli police station to provide requisite police protection/escort party to Khan, so that he could appear for his exams.
The jail authorities and also the police didn't challenge the special Court's orders but Khan urgently moved Justice Jamdar's bench seeking not to pay the charges.
"The only question that is now to be considered is Khan's submission that he is unable to pay the charges. He claims that his financial condition is such that he is unable to pay the charges," the judges noted.
Public Prosecutor Aruna Pai for the NIA submitted that he could be taken for the exams if he pays for the escort charges, as ordered by the special court.
The bench noted the urgency and the fact that the exams were on Tuesday morning (October 5), it allowed Khan to appear for the exams without paying the charges.
"Considering the fact that the examination is scheduled on Tuesday and there is no time to decide this factual issue, in the facts and circumstances, we intend to keep the petition pending and direct that the order passed by the learned Special Judge will be given effect to without Khan depositing the requisite charges," the court said.
"The question of his ability or otherwise to pay the charges, will be considered on the next date of hearing of this petition," the bench added.
Notably, Khan has been labelled as a fundamentalist and Jihadi and that he along with other accused in the case, spoke of avenging the atrocities on Islam.
