Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration
Case: Mohammad Raisuddin v The National Investigating Agency and anr
Coram: Justices Revati Mohite Dere and VG Bisht
Case No.: Criminal Appeal No. 393 Of 2019
Court Observation: “From a perusal of the said statements, one can reasonably conclude that, at the highest, what took place were mere discussions as to what was transpiring in India and the world and that everyone should work for Islam. The said statements prima-facie cannot be said to be incriminating,”
“Considering the material on record, we are prima facie of the opinion that the said circumstances relied upon by the prosecution, do not appear to be of such a nature so as to sustain a reasonable belief that the accusations against the appellant are prima facie true and hence, having regard to the same, the bar under Section 43-D(5) of the UAPA will not apply.”
“Oath (Baith) allegedly written by the appellant, at the highest, appears to be a declaration of the acceptance of one Abi Bakar Al Baghdadi Al Hussaini Al Quraishi as the `Caliph’ of the Muslims. Prima-facie, a perusal of the said Oath (Baith) does not appear to be incriminating.”
“Be that as it may, there is variance in the opinion given by the two Forensic Labs, on the said document in question,” “We have very closely and meticulously gone through the statements of prosecution witnesses and have also given our findings as to their nature and contents thereof. Totality of the material gathered by the investigation agency qua appellant-accused and presented before us does not prima facie point out the involvement of the appellant-accused in the aforesaid offences.”
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Keywords
Discussions About Working, Islam Not Incriminating
