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NEW DELHI: Monday’s tragic incident of a blast outside Red Fort, in which nine people lost their lives, also had a bearing on bail hearing of an accused facing prosecution under anti-terror law UAPA for alleged links with terror organisation Islamic State, with SC dismissing his plea and terming the order as a message. Representing Syed Mansoor Ali, senior advocate Siddhartha Dave appeared to acknowledge the challenge in arguing for bail for the UAPA accused a day after the attack near Red Fort. “Not the best morning to argue this case after the events of yesterday,” he said at the outset of the hearing on the first case before a bench of Justices Vikram Nath & Sandeep Mehta. A quick response came from Justice Mehta, saying, “Best morning to send a message. Dave thereafter tried to impress upon the court that his client had been in jail for more than two years, and that he did not indulge in any overt act and only Islamic literature was recovered from him. SC, however, pointed out that the accused had formed a WhatsApp group similar to that of ISIS, and questioned intention behind it. “You are accused of creating a ring of terror in country. Creating turbulence and affecting civility in the country,” the bench observed and refused to show any leniency towards him. Though Dave submitted that the accused was 70% disabled, it did not cut the ice and the court rejected his bail plea. It, however, directed the trial court to conclude proceedings within two years. “We are not inclined to interfere. Considering the facts and circumstances of the case and the fact that the petitioner has been incarcerated for more than two years and further that 19 out of 64 proposed witnesses have already been examined, although 94 are mentioned in the chargesheet, we direct the trial court to conclude the trial within two years,” SC said. Prosecution and defence shall extend all cooperation in trial. If trial is not concluded within two years for no fault attributed to the petitioner, it will be open for him to revise his plea for bail, it said Ali moved SC after his bail plea was rejected by MP HC on Jan 6 this year. HC had noted that he was accused of being associated with ISIS, forming a WhatsApp group named ‘Fisabilillah’ and conspiring with co-accused to attack the Jabalpur Ordnance Factory to procure weapons. It found that the materials seized, including ISIS-related videos, literature, and communication records, established a prima facie case under UAPA.
