Indian Mujahideen's alleged media wing head, Mansoor Peerbhoy, 30, has approached the high court challenging the Special Maharashtra Control of Organised Crime Act (MCOCA) framing charges against him. In his petition, he has said that he hadn't been heard before charges were framed against him and that he had been employed in a private company as an engineer and had been so engrossed in his work that he could not have been involved in the activities alleged by the prosecution.
He had been falsely implicated under sections of the IPC and Unlawful Activities (Prevention) Act in the case registered with the Matunga and Chembur police station, he claimed.
The petition states: "The applicant hails from a highly educated, cultured and socially active family in Pune. He has been a brilliant student throughout, and was a topper in final year engineering.
"Soon after completing education, he was employed by various companies and his 10-year-long career is marked by a number of awards and recognitions. In his last job, he was drawing annual salary of Rs 19 lakh. Obviously, such a person has no time for the activities he has been accused of."
The petition also argues that the principles of natural justice have not been followed in framing charges as he or his lawyer was not given a hearing. The special court framed charges against 21 persons on December 10, 2013. It is argued that in the evidence produced, there is no digital evidence to link the accused to the alleged hacking activity. Hence, the charges should be quashed and set aside.
Peerbhoy is presently in Arthur Road prison. He is alleged to have sent emails preceding the serial blasts in Delhi and Ahmedabad last year, and was arrested from his Pune residence on September 28, 2008, and has been in custody since. The crime branch arrested 21 persons, all alleged members of the Indian Mujahideen, who are considered to be involved in several blasts across the country. They are all now in judicial custody.
In his confessional statement, Peerbhoy has however, confessed that he had created an account and surveyed open wifi spots in Mumbai and later sent mails through these unsecured accounts to media houses.
The petition was heard by justices PV Hardas and AS Gadkari. But as the counsel for Peerbhoy was not present in court, the case was adjourned by a week.