The Delhi High Court has issued a notice to the National Investigation Agency (NIA) in response to a bail plea filed by Ammar Abdul Rahiman, an alleged ISIS operative. Rahiman has challenged the trial court’s order denying him bail in a 2021 NIA case. The division bench, led by Justice Suresh Kumar Kait, has directed the NIA to file a reply, with the next hearing scheduled for March 12, 2024.
Rahiman’s counsel, Advocate Archit Krishna, argued that his client is challenging the trial court’s decision to deny him bail. He highlighted that Rahiman has been charged under Section 2(o) read with 13, along with Sections 38 and 39 of the Unlawful Activities Prevention Act (UAPA), and has been in custody for over two years.
The bail application made by Rahiman was dismissed by the trial court. On October 31, 2022, Rahiman and other accused individuals were charged under various sections of the Indian Penal Code (IPC) and UAPA. Initially, the NIA had filed a chargesheet against Mohammad Ameen Kathodi, Mushab Anwar, and Rhees Rasheed. Subsequently, after further investigations, a supplementary chargesheet was filed against eight additional accused individuals, including Rahiman.
The court, while framing charges against the accused, noted that there are prima facie grounds to hold that they had been using social media platforms as a toolkit for spreading ISIS ideology and attracting like-minded individuals to engage in unlawful activities. The accused have been charged under Sections 120B, 121A, 17, 18, 18B, 20, 38, 39, and 40 of the IPC and UAPA.
It is important to note that the inclusion of some accused individuals is subject to their current whereabouts. Irshad Thekke Koleth is alleged to have absconded to a foreign country.
The Delhi High Court’s notice to the NIA in response to Rahiman’s bail plea indicates that his case will be reevaluated. The upcoming hearing on March 12, 2024, will provide an opportunity for the court to consider the validity of the trial court’s decision and hear arguments from both sides. The outcome of this hearing will have significant implications for Rahiman and the progression of the NIA case against him.