ISIS terror in Aurangabad: Minor released against set-off benefit after 3-year sentence

AURANGABAD: A principal magistrate presiding over a three-member juvenile justice board (JJB) here has given a set-off benefit to a child in conflict with law (CCL) by ordering his release, soon after his conviction in a terror case, on the grounds that he has already spent the three-year sentence in an observation home since January 23, 2019.
In a ruling on May 11, the JJB also directed the CCL (name withheld) to do community service under the supervision of a probation officer, as provided under the Juvenile Justice Act. This includes service at an old age home twice a month for the next six months and giving tuition classes in Maths and English to children of 7th and 9th standards in his locality.
“The CCL... is released on good behaviour bond for the period of one year and is placed under supervision of a probation officer in Thane,” the ruling said.
The CCL was 17 years at the time of his detention on December 27, 2018 by the Maharashtra Anti-Terrorism Squad (ATS) along with other members of what the ATS claimed was an organised module of banned terror organisation ISIS and was working towards committing terror acts in Aurangabad and Mumbai. The case against the CCL (now aged 21 years) came up for trial before the JJB in July 2019.
In its ruling, the JJB convicted the CCL for offences under Section 120-B (criminal conspiracy) and 201 (destruction of evidence) of the Indian Penal Code, besides, Sections 18 (conspiracy), 20 (being member of terrorist gang or organisation), 38 and 39 (offences relating to membership and support given to terrorist organisation) and ordered that he be sent to a special home for three years. At the same time, the JJB cited the period already served by the CCL in an observation home and ordered his release.
The JJB observed, "From the evidence of witnesses, confession of CCL, social media panchanama, subscriber detail and call data records, location of CCL, I have no hesitation to conclude that prosecution has established that CCL being a member of a terrorist organization, a banned organization in India knowingly facilitated, advised and abetted and conspired with members of ISIS and others for the commission of preparatory to the commission of a terrorist act."
The JJB further observed that the CCL was actively involved in the terrorist activities and participated in the conspiracy along with other accused with an intention to further the activities of the said terrorist organization.
The case
In August 2018, the Aurangabad unit of the state ATS had detained nine persons, including the minor suspect, on the suspicion of being influenced by ISIS and planning a terror attack. It was the ATS's case that the nine accused were indoctrinated with the ideology of terrorist organisation ISIS and they had hatched a criminal conspiracy to carry out the terrorist attack with the use of some poisonous substance and explosives in Mumbai, Aurangabad and other places.
On these allegations, an FIR was registered with the ATS police station at Kala Ghoda in Mumbai for offences under Section 120-B (criminal conspiracy) of the Indian Penal Code read with Sections 18, 20, and 38 of the Unlawful Activities (Prevention) Act and Section 135 of the Maharashtra Police Act. The ATS had made a plea to JJB for granting permission to try the minor suspect as an adult. The JJB turned down the plea in October 2019, following which ATS moved the sessions court, which upheld the JJB's order in May 2021. The ATS then moved the Bombay high court at Aurangabad, which also dismissed its criminal revision appeal.