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'Best morning to send a message': SC refers to Delhi blast, denies bail to disabled man in terror case

The court rejected the SLP filed by the petitioner, who has spent over two years in jail after being accused under the UAPA for allegedly being part of a conspiracy to promote ISIS ideology and carry out terror activities.

TNIE online desk

The Supreme Court on Tuesday indirectly referred to the blast that occurred near Delhi's Red Fort area, which claimed at least 12 lives, while refusing to grant bail to a man accused in a separate case, reported Live Law.

A bench of Justice Vikram Nath and Justice Sandeep Mehta rejected the SLP filed by the petitioner, who has spent over two years in jail after being accused under the Unlawful Activities (Prevention) Act (UAPA) for allegedly being part of a conspiracy to promote ISIS ideology and carry out terror activities.

During the hearing, senior advocate Sidharth Dave, appearing for the petitioner, remarked that it was "not the best morning to argue this case after the events of yesterday," presumably referring to the car blast in Delhi.

To this, Justice Mehta responded, "Best morning to send a message."

The court further observed that "inflammatory material" has been recovered from the petitioner to which advocate Dave responded saying the only material recovered from his client was Islamic literature.

Dave pointed out that the protected witness had deposed that NIA officers were pressuring him to give false testimony and that he did not wish to testify.

Responding to this, Justice Mehta asked, "Leave aside the witness, what about the recovery? You formed a WhatsApp group almost identical to ISIS. What is the intention behind that?"

Dave further argued that no RDX or explosive had been recovered from the petitioner and emphasised that he is 70% disabled and had already spent two and a half years in custody.

Taking into account the period of incarceration, the court ordered that the trial should be concluded within two years.

"...we direct the trial court to conclude the trial within 2 years. Prosecution and defence shall extend all cooperation in the trial. If the trial is not concluded within 2 years for no fault attributed to the petitioner, it will be open for him to revise his prayer for bail," the court said.

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