Mumbai News: Special NIA Court Rejects Bail Plea Of Byculla Man Accused Of ISIS Links, Cites False Insanity Claim

Mumbai: Byculla resident Tabish Siddiqui, arrested by NIA for alleged links with ISIS, sought bail claiming to be suffering from Schizophrenia and also claimed that he is of unsound mind. The special court rejected his plea saying he had been constantly using all social media, electronic gadgets, technical equipment and was involved in ideology debates and discourses.

Court Dismisses Insanity Grounds

The special judge Chakor S Baviskar while rejecting the bail plea of Siddiqui observed that, “If all this material (evidence collected by NIA) has any indication, no person of sound mind would dare to call Tabish to be the person of unsound mind. At least when he indulged in all the acts which certainly posed great threat to the unity, integrity, security and sovereignty of the country, he was determined and firm.”

NIA Highlights Long-Term Involvement

Tabish, arrested on July 3, 2023, had sought bail claiming that he is of unsound mind and a patient of Schizophrenia and Obsessive-Compulsive Disorder (O.C.D.) since 2020. It was further contended that he is incapable of knowing the nature of the acts allegedly committed by him.

The special public prosecutor Sunil Gonsalves, had objected to the bail and contended that no such psychological disorder was ever noticed on the date of his arrest and thereafter till this date.

The court while rejecting his plea noted that, "the NIA alleges involvement of Tabish in the offences long back since the year 2016, which is much prior to the so-called psychological disorder of the accused even started.” “Since then, till immediately before his arrest, Tabish has been constantly using all social media, electronic gadgets, technical equipment and was involved in ideology debates and discourses,” the court said.

Evidence of ISIS Propaganda Activities

The court after referring to the evidence presented by the prosecution also noted that he had prepared content ‘Ishtishhadi operations’ for a magazine of ISIS. The court further noted that Tabish was in direct touch with other accused via Whatsapp and telegram and had prepared voluminous incriminating material such as ‘Do It Yourself (DIY)’ kit in preparation of Improvised Exclusive Defence to commit terrorist acts.

“The accused in this case had even declared Padgha-Borivali area comprising 95% Muslim population to be ‘Al-Sham’ – an Arabic term for Greater Syria region, claiming total independence and sovereignty from the State of India,” the court said adding that, “The accused was in constant touch with his foreign handlers from Turki, Libiya, Syria, Afganistan and created provocative literature whereby he could divert gullible Muslim youths for armed Jihad. He insisted them for Hijrat, that is to migrate to Syria, Lebanon, Palestine, Jordan, Cyprus and Turkey, for armed Jihad.”

Court Finds Prima Facie Case True

Hence, the court said, “ground of insanity in my opinion is prima-facie a false ground. Hence, the accused cannot take benefit of this prima-facie false ground of insanity.”

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While refusing to grant him bail the court said, “In my opinion, there are more than sufficient reasonable grounds for believing that, accusation against Tabish is prima-facie true. Considering the overall nature of allegations and more particularly, huge available incriminating material against the accused, if released on bail, in very probability, the accused would indulge in the same illegal activities. Hence, the accused does not deserve bail.”

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