MUMBAI: The NIA has moved the Bombay High Court against a lower court's order discharging on a technical ground suspected ISIS recruit Areeb Majeed from the offence of being a terror outfit's member.
A division bench of justices V K Tahilramani and M S Karnik today slated the NIA appeal for hearing on June 6. The bench, however, refused to stay the proceedings going on in the case before the special NIA court.
A special NIA court had in February this year discharged Majeed from being the member of a terrorist gang in violation of the section 20 of the country's anti-terror law Unlawful Activities (Prevention) Act.
The court had discharged him on a technical ground saying that when Majeed allegedly joined the ISIS, the outfit was not declared a terrorist outfit under the Indian law.
According to the NIA, Majeed and three others from Kalyan township in neighbouring Thane district had left the country in May 2014 allegedly to join the Islamic State (IS). They had left the country on the pretext of going on a pilgrimage.
In November 2014, Majeed was arrested on his return to India.
Majeed will continue to face charges under sections 16 (punishment for terrorist act) and 18 (punishment for conspiracy) of the UAPA, besides section 125 (waging war against any Asiatic Power in alliance with the Government of India) of the Indian Penal Code.
The National Investigation Agency (NIA) has now filed an appeal in the high court challenging the lower court's order discharging Majeed from section 20 of the UAPA.
According to the NIA, the ISIS was banned by the United Nations Security Council in 2014, which was binding on all UN members including India.
Hence, dropping of section 20 of the UAPA against Majeed was erroneous, the NIA said in its appeal.