Mumbai: The National Investigations Agency (NIA) has challenged the orders of a special NIA court in the Bombay high court wherein the charges of Areeb Majeed being a recruit of the ISIS were dropped. The special court had dropped the charges on grounds that the Centre had banned ISIS after Majeed’s arrest.
On Thursday, the NIA approached the division bench of Justices V. Tahilramani and M. Karnik seeking a revision of the special court’s order after it was established that Majeed, and his associates from Kalyan, had visited Iraq in 2014 and had actively participated in fights in Syria. This was evident from the social media accounts, pictures and tweets shared by Majeed and his associates in Syria.
While framing of charges in February, the special court had refused to accept the prosecution’s claim that as Majeed and his associates had fought in Syria, they should be charged as members of the banned outfit. However, the court relied on Majeed’s defence, which held that he was arrested in 2014 while ISIS was branded a banned terror outfit in 2015 by the centre and hence did not allow the charge.
Special public prosecutor Prakash Shetty while confirming the application in Bombay high court said, “We have filed an appeal before the HC against the orders of the NIA court. The special court had refused to charge him but our contention is that he should be held guilty under this charge as well.” Mr Shetty further said, “We were delayed in approaching the HC by 10 days and accordingly we moved an application for condonation of delay. Our application has been allowed and the main appeal is kept for hearing on June 5.”
NIA has booked Majeed under various sections of UAPA along with section 125 of Indian Penal code. He has been charged under Sections 16, 18 and 20 of UAPA for conspiring to commit a terrorist act and being a member of a banned foreign terror outfit. He has also been booked under the stringent Section 125 of Indian Penal Code for waging war against the nation.
