After declining to continue charges under the stringent Unlawful Activities (Prevention) Act (UAPA) against four alleged Islamic State (IS) suspects, who had been arrested by the Special Cell of the Delhi Police in January, a court here has discharged one of the suspects and ordered his release.
The case, initially probed by the Delhi Police, was transferred to the National Investigation Agency (NIA) on January 30. The federal agency filed a chargesheet against four suspects last month on July 6.
The accused were identified as Khaja Moideen, Abdul Samad, Syed Ali Nawas and Jaffar Ali.
Lack of clarity
After the NIA filed the chargesheet, Additional Sessions Judge Praveen Singh found it to be lacking clarity and asked specific questions with regard to availability of evidence.
The ASJ said in an order dated July 29 that Accused no. 4 Jaffar Ali @Umar stands discharged. He be released forthwith, if not required in any other case. Ali is, however, named in two other cases registered by the NIA.
The order also stated that by a separate order on cognizance for the offences punishable under section 18, 19, 23, 38 and 39 UAP Act has been declined.
However, the court took cognizance of offences punishable under various sections of the Indian Penal Code and the Arms Act.
In an earlier order dated July 22, the court asked the NIA if it cited any evidence with regard to the offences under the UA(P) Act except the disclosure statements and pointing out memos of the accused. Charges have also been filed under other sections of Indian Penal Code and Arms Act against the suspects.
Case in Chennai
Two cases involving the suspects in the present case that were registered by the Tamil Nadu police on December 28 last year and Bengaluru police on January 10 this year, were also transferred to the NIA.
NIA has alleged that the accused were arrested for spreading the ideology and activities of ISIS, a proscribed terrorist organisation through its off-shoot outfit known as Al-Hind in Bengaluru.
In a chargesheet filed on June 23 against 12 IS suspects in the Chennai case, including Moideen, the NIA said, Investigation of the case revealed that after the release of the key conspirator and ISIS/Daish terrorist named Khaja Mohideen on bail in a case relating to the murder of a Hindu leader from Central Prison, Puzhal in February, 2019, he had conspired with one Liyakath Ali with the intention of furthering the activities of ISIS/ Daish in India.