Delhi Court reserves order on Dr. Ishtiyaq’s bail plea in UAPA case
New Delhi [India], April 21 (ANI): Delhi’s Patiala House Court on Monday reserved order on the bail plea of Dr Ishtiyaq of Ranchi in AQIS Jharkhand Training module case. He is currently in judicial custody following his arrest in September of last year. He is alleged to be the leader of the module.
He has sought bail on the grounds that the charge sheet has been filed without the mandatory sanction for Prosecution under the Unlawful Activities (Prevention) Act, 1967 (UAPA).
Additional Sessions Judge (ASJ) Dr. Hardeep Kaur reserved order after hearing arguements by the counsel for the accused and the Delhi Police. The order is to be pronounced on April 24 by the court.
On February 17, 2025, Delhi police filed a charge sheet against 8 accused persons, including Dr. Ishtiyaq. The same is pending for Cognisance as the Prosecution sanction under UAPA is awaited.
The Delhi police filed this charge sheet under sections of the anti-terror law, the UAPA, without obtaining prior sanction.
Advocates Abu Bakr Sabbaq and Faiz Ahmed Ansari argued for the accused. Delhi police opposed the bail plea.
It was stated by the counsel for accused that Investigating Agency failed to get Sanction for prosecution under section 45 of UAPA, while it is mandatory under section 45(2) of UAPA for the Sanction for prosecution under UAPA that it “shall be given within such time as may be prescribed.
It was also submitted that the Court cannot take cognisance of the offence in this case under section 45 of UAPA as it is mentioned that “No court shall take cognisance of any offence without the previous sanction of the Central/State Government.
The plea has stated that a total period of 14 days is prescribed in the Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008.
It is contended that the investigation is completed and a chargesheet has been filed before this Hon’ble Court, and further judicial custody is not needed in this case. Thus, the applicant is entitled for Regular bail.
Dr. Ishtiyaq and the other accused persons were arrested on August 22, 2024. In this case, the accused includes Dr. Ishtiyaq of Ranchi.
Delhi Police have charge sheeted Anamul Ansari, Shabaz Ansari, Altaf Ansari, Mohd. Rizwan, Motiur Rehaman, Mufti Rehmatullah, Faizan Ahmed, Dr Ishtiyaq Ahmed, Rizwan.
Three accused, namely Arshad, Umar Farooq, and Hasan Ansari, have not been chargesheeted by Delhi Police.
One accused, Shahbaz Ansari, was arrested subsequently, and an investigation related to him is going on, police said.
On December 12, 2024, the Delhi High court had granted Delhi police 90 days’ extension to complete the investigation in AQIS Jharkhand Training Module case.
Earlier, the trial court had refused to extend the period of investigation. Delhi police had challenged the order before the high court.
The module allegedly was being led by one Dr. Ishtiyaq of Ranchi and was aspiring to declare Khilafat and execute serious terrorist activities within the country, the police said.
It is alleged that members of the module have received indoctrination and weapons training at various locations.
Police had recovered arms, ammunition, literature, etc., from several locations. Police recovered one AK-47 rifle, one .38 bore revolver, 6 live cartridges of .38 bore, 30 live cartridges of .32 bore, 30 live cartridges of AK-47, One Dummy Insas, One Air rifle, One Iron Elbow pipe, One hand Grenade, One Key remote control mechanism, Some wires, One AA size 1.5-volt battery, One table watch, Four ground sheets, One target, One camping Tent, Some biscuits, one chips packet and one water bottle.
