Ahmedabad court denies bail to alleged Islamic State member in terror conspiracy case

The City Civil and Sessions Court in Ahmedabad has dismissed the bail plea of Hanan Qayyum, accused of being an member of the Islamic State of Khurasan Province (ISKP), a banned terrorist organisation under Indian law.

The court noted that the trial has already begun, with nine witnesses examined so far, and is at a critical stage involving the testimony of material witnesses.

The judge highlighted the gravity of the offences, the severity of the potential punishment, and the prima facie role attributed of the accused. Citing the stringent provisions of Section 43D(5) of the Unlawful Activities (Prevention) Act (UAPA), the court declined to exercise its discretion to grant bail.

This was not the first bail application by the accused; a previous regular bail plea was rejected on merits on January 16, 2024. The court emphasised that no significant change in circumstances had occurred since then.

Special Public Prosecutor argued that sufficient evidence had surfaced, leading to the filing of a chargesheet against Qayyum. The prosecutor stressed that the trial is approximately 40% complete and that the rigorous standards under Section 43D(5) of the UAPA warranted rejection of the bail application.

Counsel for the accused contended that accused has been in judicial custody since June 9, 2023, and that the trial is likely to take considerable time to conclude. Pointing out that the maximum punishment for the alleged offences is 10 years, the defence urged the court to grant bail to the accused.

According to the prosecution, the accused Qayyum allegedly conspired with co-accused Ubed Nasir Mir and Zubair Ahmed Shaukat Ahmed Munshi and has radicalised to join the proscribed terrorist organisation and had planned to travel Afghanistan from Gujarat sea route via Iran to carry out terrorist attacks.