Nagpur: A Jammu and Kashmir resident, accused of being a Jaish-e-Mohammed (JeM) operative and conducting a recce of the memorial of RSS founder here, has moved the Bombay High Court for bail citing lack of evidence.
Raees Ahmed Sheikh Asadulla Sheikh was arrested for allegedly conducting a recce of Dr Hedgewar Smruti Mandir, the memorial of Rashtriya Swayamsevak Sangh (RSS) founder Dr K B Hedgewar, located in Reshimbag area of Nagpur on September 15, 2021.
Sheikh filed the bail plea before the Nagpur bench of the HC on March 11, after his bail plea was rejected by a trial court.
Sheikh is currently lodged in Nagpur Central Jail.
As per the prosecution, Sheikh had also allegedly planned to conduct a recce of the RSS headquarters located in Mahal area of the city but could not do so.
In the bail plea filed through advocate Nihalsingh Rathod, Sheikh claimed that there was no evidence to prove he was conducting a recce of the concerned places for any unlawful activity.
Sheikh’s activities do not fall under the purview of the Unlawful Activities (Prevention) Act (UAPA), his lawyer argued in the court.
Government pleader Devendra Chauhan told the court that there was ample material to show that accused Sheikh was associated with the banned terrorist organisation (JeM).
His activities were in furtherance of a future terrorist attack and therefore it would be covered under the definition of a terrorist act under the UAPA, he said.
“The purpose of the act (recce) was not to wait till the outcome of the final action, but even preparatory actions are held as terrorist acts,” he said.
“There was no natural conduct about why he came to Nagpur and that his coming to the city was not natural. The accused had no relatives or business purpose and other factors which could say that his visit was natural,” Chauhan said.
He also brought to the notice of the court the statements of autorickshaw drivers and staffers of the hotel that the accused used.
Chauhan also told the court that the data related to the calls made by the accused outside the country were also available.
The next hearing in the case will be held on March 17.
As per the police’s probe, Sheikh’s target was to conduct a recce of the six lanes connecting the RSS headquarters. However, after observing a huge number of police personnel deployed for security, he did not dare to enter the lanes.
After getting concrete evidence from Jammu and Kashmir police and intelligence agencies, a case under relevant sections of the UAPA was registered against Sheikh at the Kotwali police station.
