Bail for 'IM man' nine years after arrest

MUMBAI: Almost nine years after his arrest in connection with a terror email sent in August 2008, the Bombay high court released an alleged member of the Indian Mujahideen (IM) observing that "there are reasonable grounds to believe that he is not guilty of the offences he is charged with."

Ansar Badshah Shaikh was arrested in a 2008 case registered by the Matunga Police station for being a member of IM who went to Pakistan for militant training. The case was later taken over by the Mumbai crime branch and Ansari was accused of having links withe alleged key IM operatives Mohammed Sadiq Israr and Riyaz Bhatkal. The trial has not yet commenced. Charge was framed on 10th December, 2013 and not a single witness has been examined till 2015 and infact, in 2015, the proceedings were stayed by the Division Bench of the HC and the stay is operating till this date, said Justice Revati Mohite-Dere on September 27,ordering his release on a Rs 50,000 PR Bond with one or more solvent surety.

The stay by the HC was on an appeal filed by the state itself in 2015 over the jurisdiction of a Special Court to try the case. Shaikh is in custody since 19th September, 2008. The HC noted that as argued by his counsel Mubin Solkar, Shaikh is "neither involved in the sending of the email nor is he concerned with the bomb blasts that took place in Ahmedabad and Surat."" He is prosecuted only on the basis of his association with the co-accused and as a member of the organization-Indian Mujahideen. It is pertinent to note, that 'Indian Mujahideen' was declared as a terrorist organization only in 2010 and was not a terrorist organization in 2008. Whether or not, the applicant was a member of the organization `Indian Mujahideen', or associated with the said organization, is a matter which will be decided by the trial Court," said Justice Mohite-Dere.

Raja Thakare special prosecutor had opposed his bail plea alleging that Ansar had gone to Pakistan via Bangladesh in 2000 to be trained in using arms and making bombs and had harboured Sadiq and Bhatkal for a day. Thakare also pointed out how the HC had in 2010 rejected bail for a co-accused Mohammed Zakir Abdul-Haque Shaikh. The HC observed that the "role of Mohammed Shaikh is clearly distinguishable from the role of the present applicant." Solkar had said that Ansari has only been arrested on the basis of his alleged association with the co-accused, and as the applicant had undertaken training at Pakistan for Jihad.

Solkar also sought parity pointing out how others in the e-mail case were granted bail even when there was recovery of timers at the instance of some of the accused and though some of the accused were present in the meeting in which the conspiracy was hatched; and though one of the accused had gone for training to Bangalore. Ansari's alleged confession statement had said that Sadiq had disclosed to him that he was responsible for the bomb blasts on Mumbai trains.

Ansar Shaikh will have to attend the Office of the Crime Branch, Head Quarters, on the first Saturday of every month from 10:00 a.m. to 11:00 a.m, till the conclusion of the trial; deposit his passport and take prior court permission before leaving Mumbai. Another bail condition is that he cannot tamper with evidence or influence any witness.