Kerala HC dismiss release plea by three terror convicts

Thiruvananthapuram, Feb 13, (BPNS) 

A plea for suspension of sentence and release on bail by three persons who were convicted for attempting to travel to Syria for allegedly joining ISIS has been dismissed by the Kerala High Court.

A division bench comprising Justices Alexander Thomas and Sophy Thomas had dismissed the plea citing that the applicants had acted against the interest of the nation and it is not safe to release them on bail.

“Here is a case where the applicants/appellants acted against the interest of the nation as they wanted to wage war against Syria, an Asiatic power at peace with the Government of India. So, even if the applicants/appellants have undergone a major portion of the sentence imposed on them, it is not safe to release them on bail, as we do not know whether they still entertain the idea of performing Hijra to Syria for indulging in violent jihad,” reads an excerpt of the judgment.

Earlier, the deputy solicitor general of India S Manu contended that the applicants had approached the court with dubious intentions.

“The purpose of their bail application is to finish their tasks within the country, to further the activities of ISIS, before leaving the country, to perform Hijra to Syria. We do not know whether the applicants/appellants are having sleeping volcanoes of terrorism in their mind to indulge in violent jihad,” argued the deputy solicitor general of India.

At the same time, the counsels for the applicants said that the applicants are in judicial custody for more than five years, and they have also completed more than 80% of the period of their sentence. They also argued that the evidence available against them is feeble and not sufficient to enter upon a conviction.
In its plea, the counsels for the applicants informed the court that the three were arrested on 25.10.2017 and since then, they are in judicial custody.

“They were never released on bail during trial and they have completed more than five years in custody. The judgment of conviction was delivered on 15.07.2022. Since set off was allowed for the period of remand during the trial, a major portion of their sentence is already over, and the period remaining is less than two years,” reads an excerpt of the plea by the applicants.

It was DySP Kannur PP Sadanandan who first registered a case in 2017 upon information that several youngsters from northern Kerala had joined the proscribed terrorist organization ISIS. Later the National Investigation Agency took over the investigation and re-registered the crime. Then on July 15, 2022, the Special Court for the Trial of NIA cases convicted and sentenced the applicants.