BENGALURU: Noting that there is prima facie material, the high court refused bail to an accused in the August 11, 2020 east Bengaluru violence case.
Mohammed Sharif, who is president of Social Democratic Party of India-Bengaluru district and accused no. 25 in the case, had approached the high court after the special court for NIA cases in Bengaluru refused to grant him bail on August 27, 2021.
“There is sufficient material against the appellant (Sharif). The chargesheet projects active participation of the appellant in the offence and the call details clearly depict that his support is with an intention of furthering the activities of a terrorist organisation. Considering the entire material on record, this court is of the considered opinion that there is a prima facie case against the appellant and thereby, he is not entitled to bail in view of sub section (5) of 43D of the Unlawful Activities (Prevention) Act, 1967,” the bench observed.
Sharif had contended that investigation and filing of chargesheet by NIA cannot be sustained as the FIR in this case was filed only under the provisions of IPC and Prevention of Damage to Public Property Act, 1984 and NIA has jurisdiction only to investigate offences under the provisions of Unlawful Activities (Prevention) Act, 1967.
He further claimed that the FIR was filed under the provisions of IPC and his name doesn’t figure in it. He said there are no photographs/CCTV footage to substantiate allegations made against him in the chargesheet.
However, backing the trial court’s order, P Prasanna Kumar, special public prosecutor for NIA, argued the material on record clearly depicts that Sharif conspired to commit a terrorist act and thereby, he is not entitled to the discretionary relief of bail. Kumar argued that preamble to the National Investigation Agency Act, 2008, says it’s purpose is to investigate and prosecute offences affecting the sovereignty, security and integrity of India, and the Centre can direct NIA to probe cases of such nature.
