Delhi HC refuses to grant bail to 3 members of terrorist outfit Indian Mujahideen in 2008 serial blasts case, directs Special Court to expedite trial
Justices Suresh Kumar Kait, Shalinder Kaur & Manoj Jain [29-04-2024]

Read Order: MANSOOR ASGHAR PEERBHOY v. STATE [DEL HC-CRL.A. 947/2023]; MUBEEN KADAR SHAIKH v. STATE OF NCT OF DELHI [CRL.A. 343/2022];  SAQUIB NISAR v. STATE[CRL.A. 450/2022]

Tulip Kanth

New Delhi, April 30, 2024: In a latest development in the 2008 bomb blast case, the Delhi High Court has dismissed the bail applications of three accused men --Mubeen Kadar Shaikh, Mansoor Asghar Peerboy and Saquib Nisar. The High Court has also asked the Special Court to conclude the trial in the present matter by taking it up at least twice a week.

The Division Bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur was considering the pleas of Mubeen Kadar Shaikh and Saquib Nisar while Mansoor Asghar Peerboy’s plea was heard by the Division Bench comprising Justice Suresh Kumar Kait and Justice Manoj Jain.

The case of prosecution was that on 13.09.2008, serial bomb blasts occurred at different places, i.e. Karol Bagh, Cannaught Place and Greater Kailash, in Delhi. In addition, three live bombs were also detected and defused. These serial blasts had created a panic in Delhi resulting in the death of 26 persons and causing injury to 135 persons besides destruction of property. On the same day, a terrorist organisation namely Indian Mujahideen took the responsibility of these serial blasts by sending e-mails to various electronic and print media also mentioning that the blasts which occurred in Jaipur, Rajasthan on 13.05.2008 and Ahmedabad, Gujarat on 26.08.2008 were also organized by them.  

Consequently, FIRs was registered for offences punishable under Sections 121/121- A/122/123/307/323/427/120-B IPC,Sections 3/4/5 Explosive Substances Act,Sections 16/18/20/23 of UAPA,Section 66 of Information and Technology Act. During interrogation, it was revealed that Saquib Nisar is one of his associates of the outfit Indian Mujahideen, who is also involved in Delhi serial bomb blasts. On 13.09.2008, the terrorist group “Indian Mujahideen” sent an e-mail to various electronic/print media of Pakistan, India and other countries including Darul Uloom Deoband, Central Waqf Council, Al Jamia Tussalafiah (MarkaziDarul-Uloom Varanasi) with the heading “MESSAGE OF DEATH” and claiming intense, accurate and successive bomb attacks exactly 5 minutes from the said mail. 

Other arrested accused persons described the involvement of Mubeen Kadar Shaikh with co-accused Mansoor Asghar Peerboy, Akbar Ismail Chaudhary and Asif Basir Shaikh, all residents of Pune, Maharastra; in Delhi Bomb Blast case and revealed that “Media Cell” of Indian Mujahideen was being run by them.

The appeals before the Delhi High Court were filed challenging the impugned order passed by the Court of Sessions whereby the applications seeking bail had been dismissed.

It was noted by the Bench that the Trial Court while rejecting the bail application of accused observed that no accused person of an offence punishable under Chapter 4 and Chapter 6 of UAPA, can be released on bail unless the Court is of the opinion that the accusation against the accused is prima-facie not true. 

The High Court reiterated that at the time of grant or refusal of bail, each case has to be seen on its own facts and the role of accused has to be considered individually, especially in cases where a larger conspiracy is involved.

During investigation, it revealed that Appellant Saquib Nisar was working as recruitment assistant in Talent Pro India HR Private Limited in Delhi and was an associate of accused Mohd Atif Ameen. Nisar had joined the conspiracy for Ahmadabad serial bomb blasts on 26.07.2008. He hadalso gone to Karol Bagh for conducing reccee of the places for blasts.In February-March 2007, Mansoor Asghar Peerboy met Iqubal Bhatkal and Riyaz Bhatkal, both residents of Bhatkal, Karnataka at the house of his known Asif Bashir Shaikh (also arrested in present case) in Pune where he got inspired by them and joined them for Jihad.

They gave him the task of sending emails claiming the responsibility of blasts by secure means. Mansoor was leading the Media Group of terrorist outfit “Indian Mujahiddin” and at the time of his arrest, Mumbai Crime Branch recovered a laptop, Wi-Fi hot spot finder, RF (Radio Frequency) signal detector, one hard disc make one spy hidden camera locator from his possession.

It was noted that accused Mubeen Kadar Shaikh, who is admittedly a qualified Computer Engineer, and had been alleged to be an active member of Media Cell of Indian Mujahideen and as a part of large conspiracy, had prepared the text and content of terror mail sent in the name of Indian Mujahideen. For this purpose, he had visited Mumbai and purchased laptops. He had been identified by the shop owner from where the said laptops were purchased and used for sending the warning email. The PDF files retrieved from recovered laptops were emphasized on behalf of State connecting the appellant in 2008 serial blasts.  

It was opined that the allegations against the appellants and the role attributed to them, did not persuade the Court to release the appellants on bail.The Court was also informed that total 497 witnesses were cited, out of which 198 witnesses were dropped and so far 282 witnesses had already been examined and only 17 witnesses were left to be examined. 

“We are informed that the learned Special Court is conducting proceedings on every Saturday so as to expedite conclusion of trial, which is already at its fag end. However, in the peculiar facts of the present case and keeping in view that the appellant is behind bars since the 2008, we direct the concerned Special Court to conclude the trial in the present matter by taking it up at least twice a week”, the High Court held.