Terrorism based on religion arises from hateful thoughts towards other religions: MP HC

Jabalpur, Jan 9 (PTI) The Madhya Pradesh High Court has turned down a bail application of an alleged member of an ISIS-linked terror module, stating that terrorism based on religion arises from hateful thoughts towards other religions.

In the order passed on January 6, the court rejected the bail plea of Syed Mamoor Ali, who was arrested by the National Investigation Agency (NIA) in May 2023 in Jabalpur along with two others.

In the order, a division bench of Justices S A Dharmadhikari and Anuradha Shukla said, "We would say that terrorism based upon religion arises from hateful thoughts towards other religions which comes from mind and is spread by mind. The need of other physical assistance is secondary." "This Court cannot express undue leniency to a person who is facing serious charges of terrorism and unlawful activities," it said.

The accused had filed an appeal in the high court against the subordinate court's April 2024 order rejecting his bail application.

Ali has been charged along with others conspiring to attack Ordnance Factory in Jabalpur, to procure weapons in large quantities in furtherance of their terror activity.

The NIA had registered a case against him under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act.

The agency had busted an ISIS-linked terror module in an intelligence-led joint operation with Anti-Terror Squad (ATS) of Madhya Pradesh by arresting three persons - Ali, Mohammad Adil Khan and Mohammad Shahid.

The probe agency said it had seized sharp weapons, ammunition, incriminating documents and digital devices during searches at 11 places.

The HC said, "The trial is also set at full motion and there is every possibility of trial being completed in its due course. Therefore, considering the overall facts, at this stage, we are not inclined to grant bail to the appellant." "We make it clear that the findings recorded in this judgment are only for considering the prayer for bail and the learned trial Court may proceed in the case without being prejudiced from any finding given by this Court," the court order read.

"The NIA took up the investigation wherein it was revealed that during nationwide lockdown in the year 2020, the accused persons started gaining knowledge about comparison of religion through watching the videos of Zakir Naik, an Islamic preacher, reading Quran and Hadeeth," the order stated.

The investigation also revealed that the present appellant started giving Dawah (making an invitation) to Hindus and started distribution of pamphlets related to Islam, it added.

"All the accused persons were watching Islamic lectures to provoke Jihad and implement Sharia law all over the world, including India. All the accused persons became close friends and started discussing Quran and Hadeeth and Jihad, too, according to the NIA investigation," the order read.

The investigation shows the present appellant and other co-accused persons conspired to attack the Ordnance Factory, Jabalpur, to procure the weapons in large quantities in furtherance of their terror activity, the bench said.

"They also decided to blast the Jabalpur Ordnance Factory, if they could not succeed in capturing the Factory. The present appellant also suggested having three Mujahids behind each security personnel in order to capture the Factory. They wanted to expand their violence to the whole India according to NIA charges," the bench said.

It is further alleged that the present appellant gave responsibility of technical head to co-accused Mohd. Adil Khan and preparation of explosives to co-accused Mohd. Kasif Khan. In furtherance thereof, co-accused Kasif Khan shared a link of one YouTube video to prepare highly inflammable explosive by using daily used material, the bench observed from the NIA investigation report.

As per the charges, the accused persons did not believe in the concept of nationalism, democracy, Constitution and voting system and motivated others too for doing so, it added.

"They wanted to recruit like-minded people in large numbers to strengthen their organisation. They also decided to make a monthly contribution for their cause and they also wanted to raise funds through Bait-ul-mal," the court said. PTI COR LAL NP