The Supreme Court urged the Centre and Delhi government to consider setting up a special court for a day-to-day trial in an ISIS-linked NIA case, citing serious delays. The court warned that prolonged trials under special laws could force courts to grant bail due to violation of personal liberty.
New Delhi: The Supreme Court of India on Tuesday asked the Central government and the Delhi government to consider setting up a special court to conduct a day-to-day trial in a 2021 case investigated by the National Investigation Agency (NIA), which is linked to alleged ISIS activities.
A bench led by Chief Justice Surya Kant and Justice Joymalya Bagchi was hearing the bail plea of Md Heydaitullah, who is accused of using Telegram groups to spread the ideology of the terrorist organisation ISIS in India and to recruit other people.
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During the hearing, the Chief Justice said that long delays in trial proceedings give rise to valid arguments from the accused side, as a person cannot be kept in jail for an indefinite period without the trial being completed. The court noted that such delays directly affect the right to personal liberty.
The bench asked Additional Solicitor General Aishwarya Bhati, who appeared for the Centre and the NIA, to inform the court within one week whether a special court could be set up in Delhi to conduct a daily trial in the case, which involves examination of around 125 witnesses.
The Supreme Court also referred to its earlier observations in another matter, where it had strongly criticised the Centre and the Maharashtra government for not establishing sufficient courts under special laws. The court had warned that continued delays in trials would leave judges with no option but to grant bail to accused persons.
These remarks were made by a bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi while hearing the bail plea of alleged Naxal sympathiser Kailash Ramchandani in a case related to the killing of 15 police personnel in a 2019 IED blast in Gadchiroli, Maharashtra.
In that case, Justice Kant had clearly observed,
“If the authority fails to establish courts with requisite infrastructure for conducting speedy trial under the NIA Act and other special statutes, the court would invariably be forced to release the accused on bail, as there is no effective mechanism to conclude the trial in a time-bound manner,”
highlighting the serious consequences of institutional delays.
In the present ISIS-linked case, the Delhi High Court had earlier refused to grant bail to Heydaitullah, who has been described by the prosecution as an active member of the terror outfit involved in radicalising young people through online platforms.
The accused had challenged the trial court’s order denying him relief, arguing that mere association with or ideological support to a terrorist organisation does not amount to an offence under the Unlawful Activities (Prevention) Act (UAPA).
However, the High Court rejected this argument and held that Heydaitullah, an MBA graduate working with an IT company in Gurugram, was not a “passive” supporter. The court said the available material showed that he actively promoted “Jihad” to establish “Khilafat”, even through violent means.
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The High Court had observed,
“The Appellant admittedly in 2018 had taken an oath (Bayath) 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 formation of ‘caliphate’ in June 2014,”
underlining the seriousness of the allegations.
It further noted,
“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.. Appellant is an educated person and was well aware of the nature of activities of ISIS,”
making it clear that ignorance could not be claimed in such circumstances.
While dismissing the bail plea, the High Court concluded that the statutory bar on granting bail under the UAPA was clearly applicable in the case.
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The case originates from an FIR registered in 2021, following which the NIA arrested Heydaitullah on October 22, 2022. According to the prosecution, he spread ISIS ideology through cyberspace, promoted hatred against the Government of India, and encouraged enmity against Hindus through social media platforms.
It has also been alleged that he transferred money from his bank account to support ISIS activities. During the investigation, agencies claimed to have recovered several incriminating materials from him, including the oath of allegiance to ISIS leaders and documents related to the preparation of explosive materials.
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