BENGALURU: In a crucial ruling, the Karnataka High Court has denied bail to Arafath Ali, an accused involved in an ISIS-related conspiracy. The decision upheld a previous ruling from the Special National Investigation Agency (NIA) Court, reinforcing the significance of national security in cases concerning the country’s unity, sovereignty, and integrity.
A division bench comprising Justice Sreenivas Harish Kumar and Justice JM Khazi made the decision, stating that the evidence against Ali demonstrated his prima facie involvement in a conspiracy threatening national security. The court emphasized that in such cases, national interest must take precedence over individual liberty, as mandated by the Unlawful Activities (Prevention) Act (UAPA).
The case originates from an incident on August 15, 2022, when a youth, Prem Singh, was stabbed in Shivamogga. The investigation following the stabbing revealed an extensive network allegedly involved in plotting terror activities across India. Arrests made included Shariq,Maaz , and Yaseen. individuals suspected of being central figures in the plot. The investigation expanded further, eventually implicating Arafath Ali, who had been residing abroad at the time of the stabbing but was arrested upon his return to India in September 2023.
Ali was charged under various sections of the UAPA, Indian Penal Code (IPC), and the Explosive Substances Act, which highlighted the serious nature of his alleged involvement.
Ali’s defense, led by Advocate S. Balakrishnan, argued that no direct evidence implicated him in the conspiracy. The defense emphasised that Ali was arrested after the other accused, and there was no recovery of incriminating material or a confessional statement directly linking him to the terrorist plot.
However, the prosecution, represented by Special Public Prosecutor C. Sachin, presented substantial evidence, including communication records and financial transactions, suggesting Ali’s involvement. The prosecution argued that Ali played a role in radicalizing youth and fostering the ISIS ideology, including efforts to establish a caliphate in India.
The court relied heavily on protected witness statements, which painted a detailed picture of Ali’s active involvement in recruiting and supporting terrorist activities. These statements were seen as significant, even without a confessional statement from Ali himself, as they outlined his efforts in aiding the network involved in spreading extremist ideologies.
In its ruling, the court cited the Supreme Court’s ruling in the Zahoor Ahmad Shah Watali case, which sets the precedent for bail applications under UAPA. The Karnataka High Court emphasized that in cases like Ali’s, the primary legal question is whether the accusations appear prima facie true, and not whether there is enough evidence to convict. Given the gravity of the charges, the court ruled that the national interest and security outweighed Ali’s claim for individual liberty.
The court rejected the defense’s arguments about the absence of direct confessional evidence or recovery of incriminating material, stating that these were not essential for denying bail. The circumstantial evidence and the involvement of protected witnesses were deemed sufficient to justify Ali’s continued detention.
The Karnataka High Court’s decision to deny bail to Arafath Ali reflects the judiciary’s firm stance on prioritizing national security in cases involving terrorist conspiracies. The ruling sends a clear message that individual liberties can be restricted when national unity and sovereignty are at risk. As the NIA continues its investigation, this case remains a significant chapter in the ongoing battle against terrorism and radicalization in India.
With the investigation ongoing, further revelations may emerge about the extent of the conspiracy and the network’s reach within and beyond India. The judiciary’s decision reinforces the need for a balance between safeguarding personal rights and protecting the nation’s security from internal and external threats.
The National Investigation Agency (NIA) has apprehended suspected terrorist Arafat Ali at Delhi Airport on September 12, 2023. He is originally from Teerthahalli, and his arrest is linked to his alleged participation in multiple terrorist activities, including the Mangalore wall writing incident that occurred on November 27, 202.
Arafat Alis path towards extremism reportedly began in 2019 when he moved from Teerthahalli to Bangalore for his engineering studies. During this period, he was believed to have played an active role in inciting the Mangalore wall writing case.
Authorities have revealed that Arafat Ali had direct communication with individuals connected to the Shivamogga trial blast case, particularly with Mohammad Shareekh and other suspects. His alleged activities also include instigating the Mangalore cooker blast and participating in graffiti incidents.
It is worth noting that Arafat Ali is originally from Indira Nagar in Teerthahalli. The NIA s investigative efforts have extended to Shivamogga as they aim to gather more information about Arafat Ali s activities in both Theerthahalli and Shivamogga.
A key point in Arafat Ali s timeline is his departure from India to work for a perfume firm in Dubai, after which he went missing. His status as a fugitive since 202 ended when NIA officials arrested him upon his arrival in Delhi from Nairobi, Kenya.
Arafat Ali now faces serious accusations of incitement and financial support for ISIS and terrorism. This arrest is anticipated to reveal further details regarding the suspected network of extremist activities in the area.
