A division bench of Delhi High Court consisting of Justice Siddharth Mridul and Justice Anish Dayal have refused bail to Mohd. Amir Javed, who was Charged under the Unlawful Activities Prevention Act of 1967, for allegedly plotting acts of terrorism within the country. The court stated that it was reasonably likely that Javed could be one of the individuals connected to a network aware of a plot to initiate terrorist actions through the use of explosives and bombs, resulting in potential loss of life.
The court went on to state that, “the fact that he was the weakest link or a substantial link is an issue which would be proven through trial by the prosecution. the stage when the accused would be required for the purposes of framing of charges, this Court is of the opinion that he should not be released on bail.”

In 2021, the Special Cell of the Delhi Police filed a First Information Report (FIR), alleging the existence of an extensive conspiracy within a terror module. This alleged conspiracy involved operatives within India that aimed to devise multiple explosions.

In connection to this case, Javed was arrested on September 14 2021. Being in custody for about 20 months nearly, his appeal was filed only in the beginning of this year, stating the main argument being that he was not granted any form of release during the interim period. On the other hand, the prosecutions case clearly stated that Javed had taken part in the conspiracy to fabricate IED bomb blasts in India along with other terror activities.

The court asserted that even a cursory examination of the evidence put forth by the prosecution would show that Javed's primary charge was conspiracy, in conjunction with other co-accused individuals, regarding the possession of explosive devices, firearms, including grenades and pistols, for purported terrorist activities. Additionally, the bench also observed that a witness's statement, as recorded before the Magistrate, supported the assertion that a shipment of weapons and explosives, initially found in a bag at Javed's residence, was returned to a co-accused individual, who subsequently transported it to Prayag Raj.

“It is evident in the instant case put forward by the investigating agency, that there was a large-scale conspiracy involving various persons acting for terror modules to engineer bomb blasts in India. The appellant was an integral part of the recovery of arms and explosives. This, prima facie, cannot be said to exculpate the accused/appellant at this stage for the purpose of bail.” The court stated

The bench affirmed the decision of the trial court, which had denied Javed regular bail on May 18, and rejected his appeal contesting that specific order.

Case: MOHD. AMIR JAVED v. STATE (NCT OF DELHI) 2023: DHC:6759-DB.