Nagpur: The Nagpur Bench of the Bombay High Court denied bail to Jammu and Kashmir terrorist Rayees Ahmad Sheikh, the accused in the recce of Rashtriya Swayamsevak Sangh (RSS) Headquarters case by citing strong evidence presented by the prosecution and Anti Terrorism Squad (ATS). The court found that the accused maintained constant communication with Umar, a Pakistan-based operative of the banned terrorist organisation Jaish-e-Mohammed (JeM).
The prosecution underlined critical evidence, including the accused’s connection to Umar through their shared Internet Protocol (IP) address, as well as information of photographs of the RSS headquarters that were sent by the accused to Umar. Additionally, testimony from an auto-rickshaw driver who dropped the accused near the RSS Headquarters and reports from Jammu and Kashmir Police further corroborated the charges.
Gold Rate
Saturday 22 March 2025
Rayees Ahmad Sheikh (27), a labourer from Pora Pulwama, Jammu and Kashmir, is currently lodged in the Central Jail, Nagpur. Sheikh, who was arrested in May 2022 in connection with a case registered in Jammu and Kashmir, had applied for bail under Section 21 of the National Investigation Agency Act, 2008. The appeal challenged the decision made by the learned Sessions Judge, Nagpur, who had previously denied him bail.
Assistant Commissioner of Police, Anti-Terrorism Squad (ATS), Nagpur, opposed the application and presented evidence of Sheikh’s involvement in activities linked to the banned terrorist organisation Jaish-e-Mohammed (JeM). The prosecution presented evidence and indicated that Sheikh had been in contact with Pakistani handlers of JeM and had travelled to Nagpur to conduct a reconnaissance of RSS Headquarters.
It was alleged that he took photographs and videos of the RSS HQ at the behest of his JeM associates. Nagpur Police had also corroborated these claims with phone records, including Call Detail Records (CDRs) linking Sheikh to Pakistani numbers associated with JeM. Additionally, he had been arrested in Jammu and Kashmir while carrying live hand grenades.
In contrast, the defence argued that there was no direct evidence which could link Sheikh to any terrorist activity. They asserted that his arrest was based on mere suspicion. They also contended that Sheikh’s right to a speedy trial had been violated due to delays in his case proceedings. The High Court bench, however, found that the evidence presented by the prosecution, including Sheikh’s movements and communications with JeM operatives, was sufficient to establish a prima facie case under the Unlawful Activities (Prevention) Act (UAPA).
The court stressed that even preparatory actions for a terrorist act fall under the purview of Section 15 of the UAPA. Despite the appellant’s claims, the court concluded that the material on record indicated that Sheikh was involved in facilitating terrorist activities and thus bail was not warranted. Furthermore, the court dismissed the claim of a violation of Sheikh’s right to a speedy trial and noted that the trial was expected to conclude within a year.
“There is prima facie material on record to show the links of the appellant with the members of banned terrorist organization JeM and appellant was in constant contact with the members of JeM operating from Pakistan and appellant was found carrying live hand grenade in J&K, which was procured by him from the members of banned terrorist organization JeM,” said Justice Nitin Suryawanshi and Justice Pravin Patil while rejecting his bail application.
Government Pleader D V Chauhan, PP Amit Chutake represented the government while Adv Nihalsingh Rathod for the appellant.
