Mumbai: Kalyan youth Areeb Majeed, who has been arrested for joining the Islamic State in Iraq and Syria (ISIS), on Thursday sought bail, citing Malegaon 2008 bomb blast case accused Col Prasad Shrikant Purohit’s bail order. He has contended that, as the court had dropped section 20 of Unlawful Activities Prevention Act (UAPA) saying he was not member of terrorist organisation, he is entitled to get bail.
Advocate Mubin Solkar on behalf of Majeed argued before the special NIA judge V.P. Avhad that the Bombay high court had granted bail to Col Purohit on the ground that Maharashtra Control of Organised Crime Act (MCOCA) was dropped against him and it was a change in circumstances. Mr Solkar further argued that after rejection of Majeed’s bail application, the trial court dropped section 20 of UAPA against him because ISIS was banned only after the registration of an FIR against the youth and his subsequent arrest. According to him, this is change in circumstances for filing fresh bail plea.
Majeed’s lawyer also contended that the NIA in its reply has only said that the allegations against the applicant are serious and the agency has filed appeal against the trial court order dropping charges of UAPA against Majeed and this application is sub judice and hence bail should not be granted to him. However, he pointed out to court that the HC had also dismissed NIA’s application against dropping the charge and has upheld that the trial court rightly dropped section 20 of UAPA from him.
According to Mr Solkar, NIA has not challenged the HC order in Supreme Court and has changed its stand by saying Majeed is a member of a “terrorist gang” instead of “terrorist organisation” but has not provided any material in support of this claim and hence the HC rejected this claim also
