Majeed was a student in a Panvel college before he decided to join the extremist outfit along with three other friends in May last year.
The Bombay High Court on Friday reserved its order on the appeal filed by Kalyan resident, Areeb Majeed who had travelled to Syria to join the IS, last year. The appeal claims that the probe agency illegally detained him and thus he was liable for bail.
Advocate Mubin Solkar, appearing for Majeed, argued that the National Investigation Agency (NIA) had sought an extension of his remand on February 25, 2015, from a special court which was not notified to be a Special NIA court, thus his remand was illegal and he was liable for bail.
However, NIA counsel Aruna Pai Kamath argued that as the special NIA court was not available, the case papers were moved to a special MCOCA court which is handling bomb blast case and there was no illegality. Moreover, the applicant had not opposed the extension of remand then and it was a belated move.
Solkar has opposed the reasoning of NIA by saying that under Code of Criminal Procedure, the petitioner can file for bail if the probe agency fails to file the charge sheet within the stipulated period. His right to bail cannot be accrued because the court has granted extension to the probe agency to file its final report. The trial court is bound to decide on the bail plea and it cannot delay hearing on the plea, pending filing of the charge sheet.
Majeed was a student in a Panvel college before he decided to join the extremist outfit along with three other friends in May last year. On November 28, he was flown from Istanbul to India under the supervision of NIA. It is alleged that four youths went on a holy pilgrimage for eight days and had then parted ways to actively participate in unlawful activities in Iraq and Syria.
Majeed is currently lodged at the Arthur road prison and has been charged under Sections 16, 18 and 20 of UAPA for conspiring to commit a terrorist act and being a member of a banned foreign terror outfit. He has also been booked under the stringent Section 125 of IPC for waging war against the nation. His three accomplices, Saheem Tanki, Fahad Sheikh and Aman Tandel have been shown as wanted accused in the case.
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