The Bombay High Court on Friday reserved its order on an appeal filed by alleged ISIS recruit Areeb Majeed challenging a special NIA court order that had denied him bail in May last year.
Majeed has been in custody for over a year and his appeal had been pending in HC since June this year since the NIA had been seeking repeated adjournments on various grounds.
Majeed, who first approached the High Court after his bail plea was rejected by a special NIA court in May last year, has sought bail as a matter of his Right under the criminal procedure code, considering that he has been in custody since November last year and since the investigating authorities have already filed a chargesheet in the case.
In the plea filed through his counsel Mubin Solkar, Majeed has argued that his custody that was extended by an order of the sessions court on February 25 last year was erroneous and illegal since his case is being handled by the NIA and as per law, all proceedings of the case, including orders for extension of his custody must be passed only by a special NIA court only.
NIA meanwhile, has been opposing Majeed’s bail plea as well as the appeal saying that he should have raised questions over the sessions court’s jurisdiction at the time that his custody was being extended.
On Friday, the NIA defended its decision to get Majeed’s custody extended by a sessions court saying that the NIA court was unavailable on February 25, 2015 and thus, it approached the special MCOCA sessions court. “This was not an ordinary sessions court, but was a specially designated court. Besides, it is not our fault that Maharashtra has only one special NIA court,” the counsel for NIA said.
Majeed’s counsel meanwhile, claimed before HC that the investigating agency had kept his bail plea before the special NIA court pending on purpose since it needed additional time to file the chargesheet.