Mumbai: Suspected IS supporters get 5-day NIA custody

The family of one of the accused outside the sessions court at CSMT, on Tuesday. Pic/Sameer Markande

The four suspects arrested by the National Investigation Agency (NIA) for promoting terrorist activities on behalf of the Islamic State group have been sent to NIA custody till July 10. The NIA had demanded 10 days of custody to unearth their connection with foreign handlers and their communications over the years. The defence counsel argued that the agency was in possession of all the materials and electronic devices recovered, and hence it didn't need custody of the accused.

The NIA on Monday claimed to have busted a major breakthrough after arresting four suspects from Mumbai, Thane and Pune. Tabish Nasser Siddiqui was arrested from Nagpada in Mumbai, while Sharjeel Sheikh and Zulfikar Ali Barodawala were held from Padgha (Bhiwandi) and Zubair Noor Mohammed Sheikh from Kondhwa (Pune). They were arrested after the NIA after it received a tip-off from the central home ministry and produced before the court on Tuesday evening.

The special public prosecutor told the court that the NIA received an order about Tabish carrying out anti-national activities on June 28. An FIR was registered on the same day, after which the agency raided his home in Nagpada and found incriminating documents on his laptop and cell phone. Following this raid, the NIA received leads about three other suspects and subsequently, raids were conducted at Padgha and Kondhwa.

"After the arrest, the NIA requested telecom operators to share the call details of the suspects for the past two years. Their cell phones and laptops revealed that content which is directly related to ISIS had been downloaded. The seized materials indicated the strong and active connection the suspects had with terrorist organisations," said the prosecutor.

The special public prosecutor urged the court for a 10-day NIA remand to identify the foreign handlers and to ascertain their plans against the nation. "There were DIY (do it yourself) videos of making small weapons at home that were recovered from the suspects and there is social media content and posts that need to be verified," the prosecutor said.

Opposing the NIA custody, advocate Rajendra Rathod who is appearing for Tabish along with advocate Umar Dalvi, said, "He is not mentally sound and has been under medication since 2020. Whatever the NIA claims to have found on the laptop and cell phones is easily available on the internet. The data which is under question is downloaded from 2014. How can this be linked to terror outfit?"

According to Rathod, the FIR was registered against Tabish on June 28 while he was arrested on July 3. "The NIA doesn't have any answers as to what they did during these days or if they relied on the downloaded data and call details. Why does the NIA need custody of the accused?" he questioned.

Advocate Tahira Qureshi who appeared for Sharjeel and Zulfikar said both his clients have denied using the Telegram app. "Tabish is Sharjeel's uncle, so they are naturally in contact with each other, sharing messages and videos. But calling it a conspiracy is beyond imagination. Both of my clients are IT professionals, so having a laptop and extensive use of cell phones is obvious. The NIA has also seized knives which were brought by them to make sacrifices on Bakri Eid. How can those be regarded as weapons," she questioned.

According to advocate Hassnain Kazi, who appeared for Zubair along with advocate Shraddha Vhaval, this is about "personal liberty and the purview of investigating agencies". "My client has downloaded some stuff from the internet and sent it to someone, which is not banned material. How can he be booked under UAPA? My client heard of the word ‘DIY', used by the NIA while booking them, from me. All of them are innocent and have been framed under draconian charges. They should be sent to judicial custody," he submitted.

When the judge asked the suspects whether they had any complaints against the NIA, one of them told the court that he had kept a knife at home for self-defence as robbery and thefts are commonplace in Padgha. "But the NIA has seized the knife as a weapon," he told the court, adding that even the local police have advised keeping a weapon at home for self-defence. "I have been wrongly arrested for things I haven't done," he said.

After hearing all the counsellors, Additional Sessions Judge AK Lahoti sent the suspects to five days of NIA custody (till July 10). Their family members present in the courtroom broke down after hearing the verdict. Their parents refused to speak with mid-day claiming they have been in shock since yesterday after their children were picked up by the NIA for anti-national activities.

June 28
Day FIR was registered against first suspect