Mumbai: “Once the property is leased on rent, the landlord is least concerned with what activities which are going on within the four walls of the rented premises,” the special NIA court has held while granting the relief to a 59-year-old businessman from Pune, whose flat was attached by NIA as it was used by one of the suspects having alleged links with ISIS.
Flat Attachment Released By Special Judge Chakor Baviskar
The special judge Chakor Baviskar has ordered to release the attachment of the flat, “The landlord of the property is not at all considered to have been involved in any manner with any of the offences and even the said property is not at all even prima facie proved to be proceeds of terrorism.”
Businessman Challenged MHA Order
The businessman had approached the special court challenging the order passed by the Designated Authority Ministry of Home Affairs on May 3, 2014, confirming the attachment of his flat located in Kondhwa, Pune. His flat was attached by NIA on March 7, 2024.
Flat Rented To Rizwan Ali, Accused In ISIS Pune Module
The flat was given on rent to Rizwan Ali, who is booked for his alleged links with ISIS and was part of the Pune module busted last year. The prosecution had contended that “the said property was under controlled possession of the charge-sheeted accused. It is in that said property, in the kitchen, material to prepare explosive substances were kept and from there itself it came to be recovered and seized.”
Court Notes Property Pre-Owned By Landlord
The court however, noted that, It is not even the case of the NIA that the said property is purchased by the appellant after he entered into the Leave and License Agreement with accused Rizwan Ali.
Leave And License Agreement Not Linked To ISIS
“The fact is clear that, since much prior to the Leave and License Agreement, the present appellant has been the owner of the said property. He is a landlord. In that Leave and License Agreement, no where there is reference of any organization, much less of the ISIS or any other organization being involved along with the tenant Rizwan Ali.”
Court Rejects NIA Claim Of ‘Proceeds Of Terrorism’
“True that, it is the case of the NIA that, incriminating substances that are material to prepare explosive devices found in the kitchen of the said property’. Even if the case of NIA is accepted, without being admitted, as it is, nevertheless, by no stretch of imagination the said property can be termed as ‘Proceeds of Terrorism’, within the meaning of provision of the UAP Act. It is not Proceeds of Terrorism. It was already and much previously owned by the appellant,” the court said.
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Landlord Cleared Of Any Liability
The court holding that the flat needs to be released, observed that, “Hence, the appellant Anwar Ali can not at all be held liable in any manner for the acts committed by his tenant Rizwan Ali, that too, when the landlord was not at all aware, nor he connived in any manner to the acts of Rizwan Ali.”
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