Terror case: Delhi HC dismisses bail plea of Amir Javed booked under UAPA
Sep 19, 2023
New Delhi [India], September 19 : The Delhi High Court has dismissed a bail plea moved by one Amir Javed booked under stringent sections of the Unlawful Activities Prevention Act, 1967 (UAPA) for allegedly planning terror activities in the country.
He was arrested on September 14, 2021, by the special cell of Delhi Police.
The bench of Justice Siddharth Mridul and Justice Anish Dayal on September 18, 2023, while dismissing the appeal challenging the denial of bail by the trial Court stated, "Having considered the charge-sheet, the totality of the material based on broad probability regarding the involvement of the accused, the documents put forward by the investigating agency, as they were, and in addition pursuant to a surface analysis of probative value, this Court is of the opinion that there are reasonable grounds for believing that the accusation against the appellant is prima facie true."
Consequently, the conditions in Section 43D (5) UAPA stand satisfied. The appeal is accordingly dismissed, said the Court.
According to the Investigation Agency, FIR was registered based on a reliable input received regarding a terror module planning a serial Improvised Explosive Device (IED) Blasts. As per the input, a group of entities were planning to undertake serial IED Blasts in India for which these multiple IEDs were arranged from unknown sources and apparently at an advance stage of preparation.
"It was suspected that an Okhla, Delhi based entity was an important part of this module having associates in various parts of the country including Uttar Pradesh and Maharashtra. This input was verified and corroborated through different sources and it emerged that a deep rooted conspiracy had been hatched by the terror module with its operatives in India to carry out the blasts," stated Delhi Police.
As per the State, a multi-pronged operation was launched, several teams were stationed at Mumbai and Lucknow, Prayagraj, Rae Bareilly, Pratapgarh in U.P. simultaneously. On September 14, 2021, on the basis of intelligence gathered, simultaneous raids were carried out in different States.
"Initially, Jan Mohammed Sheikh @ Sameer Kalia was apprehended in the Golden Temple Train by a team from Kota, Rajasthan while on way to Delhi, thereafter, Osama @ Sami was apprehended from Okhla, Delhi, Mohammad Abu Bakar was apprehended from Sarai Kale Khan, Delhi, Zeeshan Qamar was apprehended from Prayagraj, U.P. and the appellant was apprehended from Lucknow, U.P. Consignment of two IEDs, two hand-grenades and two pistols along with rounds were recovered after the arrest of accused Zeeshan, at his instance. Another team apprehended Moolchandra @ Saaju @ Lala from Rae Bareilly, U.P. and later, accused Humaidur Rehman was arrested on September 18, 2021. On the disclosure of accused Humaidur Rehman, two pistols were recovered from a small trench in a village area of Prayagraj at his instance," noted the court.
Charge-sheet dated February 8, 2022, was filed in the said matter against the appellant Amir Javed along with Jan Mohammad, Osama, Mohammad Abu Bakar, Moolchandra, Zeeshan Qamar, Humaidur Rehman under Section 120B IPC, Section 18, 20 of the UAPA, Section 25 of the Arms Act and Section 4, 5 of the Explosive Substances Act, the court further noted.