The Delhi High Court has denied bail to Md Heydaitullah, accused of promoting ISIS terrorism through cyberspace by radicalizing youth and spreading hate. His active involvement in ISIS ideology, allegiance to its leaders, and possession of explosive materials led to the dismissal of his bail plea, emphasizing overwhelming evidence against him.
New Delhi: The Delhi High Court has denied bail to Md Heydaitullah, an alleged member of the terrorist organization ISIS, in a case filed by the National Investigation Agency (NIA). The case involves allegations of radicalizing youths and promoting terrorism through cyberspace.
A bench comprising Justices Prathiba M Singh and Amit Sharma dismissed his bail plea, citing his active involvement in propagating the ISIS ideology in India.
Heydaitullah, an MBA graduate working at an IT company in Gurugram, was accused of using Telegram groups to spread the ideology of ISIS and recruit individuals to further its cause. The prosecution alleged that he actively promoted hatred against the Government of India and Hindus through social media platforms. It was also alleged that he transferred funds to support ISIS and possessed materials related to explosives and an oath of allegiance to the group.
The NIA arrested Heydaitullah on October 22, 2022, following an FIR registered in 2021. The investigation revealed that he had pledged allegiance to Abu Bakr al-Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi, both notorious ISIS leaders.
The High Court, in its judgment passed on January 10, highlighted that the accused was not a “passive supporter” but actively advocated for “Jihad to establish Khilafat” through violent means. The bench noted:
“The Appellant admittedly in 2018 had taken an oath in the name of Abu Bakr al-Baghdadi and Abu al-Hasan al-Hashimi al-Qurashi. Abu Bakr al-Baghdadi is admittedly a well-known leader of ISIS and as per the chargesheet had declared the formation of ‘caliphate’ in June 2014.”
The court further stated:
“ISIS had been declared to be a terrorist organisation, and judicial notice can be taken of the fact that the world at large knows about the activities of ISIS. The appellant is an educated person and was well aware of the nature of activities of ISIS.”
The court rejected the defense argument that mere association or support for a terrorist organization does not constitute an offense under the Unlawful Activities (Prevention) Act (UAPA). It stated that the bar on granting bail under UAPA was clearly applicable in this case due to the overwhelming evidence against the accused.
Case Title: MD HEYDAITULLAH v. NATIONAL INVESTIGATION AGENCY
Read the Judgement here:
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