The Special Court of the National Investigation Agency (NIA) will pronounce on Friday its judgement in the case of Subhani Haja joining the IS.
The NIA argued that members of the IS hatched a criminal conspiracy to spread the activities of the organisation and to wage a war against India by collecting explosives besides waging war against Iraq, an Asiatic power, which is in alliance with India.
It had invoked Section 125 of the Indian Penal Code (IPC), a rarely invoked section which deals with waging war against an Asiatic country, against the accused. P. Krishnakumar, the NIA Special Judge, will deliver the judgement at 11 a.m.
The NIA contended that Haja joined the ISIS between April and September 2015 and waged war against the government of Iraq. He was trained by ISIS in Mosul in Iraq in combat and warfare and deployed in the war front of Iraq. On returning to India, he tried to procure explosives and chemicals from Sivakasi to wage a war against India, the NIA submitted.
It said a forensic medical examination on Haja revealed that he had a radio-opaque material embedded in his leg, which could have been acquired from the war zone. Residues of explosives such as potassium nitrate and potassium chlorate were found on his jackets, indicating that he was in the war zone of Iraq and Syria.
Haja was arrested by the agency on October 5, 2016.
Opposing the arguments of the NIA, V.T. Raghunath, the counsel for the accused, contended that the case was a fabricated one and there were no direct evidences to prove that Haja had waged war against Iraq and conspired to wage war against India.
The NIA built up its case that Haja conspired to wage war against India by banking on some chats he allegedly made through a social media platform. Regarding the allegation of attempts to purchase explosives from Sivakasi, all that the NIA could gather was some oral evidences. The evidences produced by the NIA were unreliable ones, he contended.