Mumbai: The Supreme Court on Friday fired a special leave petition submitted by the National Investigation Agency (NIA) to challenge the guarantee confirmed by the Bombay High Court for Kalyan Youth Areb Majeed who was accused of alleged visits to Syria.
The reserve of Judge S Abdul Nazeer and S Bopanna fired the challenges of agency, thus enforcing guarantees given in February to Majeed.
The Bombay High Court has confirmed its guarantee on February 23 this year and he released at 5.
Majeed has been arrested on November 28, 2014 on his arrival at Mumbai Airport.
Observing the possibility of the trial was postponed for the “considerable period” HC Judge SS Shinde and Manish Pitale had confirmed the guarantee given by the Special Nia Court last year.
The bench has quoted its fundamental rights to live in the context of rights to quick trial.
Guarantee is for Rs 1 lakh with two solvent surety bonds in such amounts.
Kerigor in an activity that violates the law (prevention) of the law that makes a difficult guarantee in terror cases, will “melt when there is no possibility that the trial was completed in a reasonable time”, the HC bench said in the “significant” aspect.
In the case of majeed considering the time behind bars.
HC said “The process of checking 51 witnesses prosecution had taken more than five years and there were 107 more witnesses” to be examined by Nia.
HC, however, partly allowed Nia’s request for guarantee orders passed last March by special trial courts in Mumbai.
This set aside findings about the advantages of the case but uphold guarantees only with the courage of the trial and detention since the arrest at Mumbai Airport.
Majeed faced the trial for allegedly going to Syria to do terror acts.
He was accused of experiencing alleged terrorist activities in Iraq between May and November 2014 by joining ISIL.
Nia said she was allegedly back to India “with the intention of doing terrorist activities in India, including blowing the police headquarters in Mumbai.” He was arrested when he landed in India and no death caused by the alleged plan, said HC.
If Majeed’s convict can face imprisonment of a minimum of five years to life, HC said and he has spent more than six.
Majeed argues that “he, in fact, was brought back to India with all the assistance needed by Nia officers with consultation with his father, and that, the officer was also at the airport on arrival” at Mumbai Airport.
HC said the findings given in the two commands of the previous rejection of their guarantees on the achievement were justified and the Court Nia could not ‘review’ it “only because of several witnesses prosecution” examined who said it did not support the Nia case.
HC on the submission of Nia about the benefits of saying, “We do not want to give any opinion about the benefits of these documents as well as clipping videos, especially because the detailed load sheet that runs into thousands of pages is the substratum, two application guarantee stands are rejected on Strengths.
“In a 38-page assessment, HC said Majeed” was an educated person, who completed his graduation in civil engineering when he went to Iraq at the age of 21 years.
” “He expressly stated before us that as a 21-year-old child, he was carried away and that he had made a serious mistake, which he had spent more than six years behind the bar,” HC said.
The judges noted that Majeed debated most of his own cases before the Special Nia Court and HC too.
“We can find that he presents his case by maintaining Dekorum and in the right way,” HC said, who did not accept Nia’s argument against his release on the grounds that he could overcome the evidence or influence of witnesses.
To eliminate the fear expressed by Nia, HC imposed strict additional conditions including the visit of the police station twice a day for the first two months after release and once a day for two months after that and once a week for Nia officers; The absence will result in arrest and there is no guarantee unless specifically quoted.