Mumbai: Emphasising on the need for a “free trial”, the Bombay High Court on Wednesday directed the NIA to provide the Call Data Records (CDRs) of its officers to Areeb Majeed, an alleged ISIS terrorist. Majeed, presently lodged at Arthur Road jail was arrested in November 2014 for allegedly carrying out terrorist activities in Syria, Iraq and India.
He is also accused of waging a war against the Asiatic Powers in peace with the government of India. Presently facing trial, Majeed had petitioned a bench of Justices Indrajit Mahanty and Anant Badar challenging the orders of a special court, which refused to provide him the CDRs of some top NIA officers and also of his father Ejaz Majeed.
Arguing before the bench in person, Areeb claimed he was wrongly shown to be arrested by the Anti Terrorism Squad (ATS) on November 29, 2014 and instead he was taken into custody by the agency a day prior. According to Areeb, his arrival in India from Turkey was “arranged” by officers of the NIA with the help of Consulate of India in Istanbul.
Having heard the submissions, the bench said, “Article 21 of the Constitution encompasses concept of fair trial. It provides no person shall be deprived of his life or personal liberty except according to the procedure established by law which necessarily must be just, fair and reasonable.”
The bench said when the accused has raised a defence that he was, in fact, brought back to India with all necessary help by the officers of the NIA in consultation with his father and that, those officers were in contact with his father at the relevant time, requirement of fair trial necessitates calling of CDRs of these officers as well as those of his father.
“In this view, we are of the considered opinion that in the interest of fair trial, Areeb Majeed is entitled for CDRs of NIA officers and his father, for effective cross-examination of prosecution witnesses,” the bench said.
