HC directs trial court to decide Shamil Nachan’s plea to attend father’s last rites

Shamil Nachan was arrested by the National Investigation Agency (NIA) in August 2023 over his alleged connections with the ISIS module in Maharashtra

MUMBAI: The Bombay high court on Tuesday directed the trial court to decide Shamil Nachan’s application for temporary bail to enable him to attend his father’s last rites on July 17. Shamil’s father, Saquib Nachan, an alleged Islamic State of Iraq and Syria (ISIS) operative arrested in December 2023, died on June 28 in judicial custody after allegedly suffering a brain haemorrhage.

HC directs trial court to decide Shamil Nachan’s plea to attend father’s last rites

Shamil Nachan was arrested by the National Investigation Agency (NIA) in August 2023 over his alleged connections with the ISIS module in Maharashtra and his involvement in several terrorist activities, including fabrication of improvised explosive devices (IEDs).

On Tuesday, Nachan’s counsel Tahera Qureshi informed the high court that a similar application was placed before the trial court for consideration. But since the trial court was non-functional till July 13 and the in-charge court was occupied with dictation of the Malegaon bomb blast case, the application remained unheard, Nachan’s counsel said, urging the high court to allow his client’s application.

In his bail plea, Nachan urged the court to grant him interim bail for 20 days, from June 9 to June 28. He claimed that he was made a scapegoat and implicated in a false and fabricated case under the Maharashtra Control of Organised Crime Act (MCOCA) at the age of 21 years as investigating agencies held a grudge against him and wanted to harass him and his family mentally and emotionally.

Shamil further mentioned that he had last met his father on August 11, 2023, before his arrest. On June 26, 2025, he received a call from Tihar jail authorities, saying his father was found in an unconscious condition and subsequently diagnosed with intracranial bleeding or brain hemorrhage and put on life support. He applied for interim bail for seven days before the trial court the same day, but his father died before the application could be decided. Later, on June 30, Shamil again approached the court, praying he be allowed to attend his father’s funeral, which was partially allowed.

Shamil told the high court that when he was out on bail to attend the funeral, he was taken directly to the burial ground and not allowed to visit his house or meet his mother, sister and immediate family members who were not present at the burial ground.

The division bench of justices Ravindra Ghuge and Gautam Ankhad directed the trial court to take up Nachan’s application after it reopens on July 14 and decide on the plea on or before July 16, as Saquib Nachan’s last rites would be held on July 17.

“Let the parties present their case for 30 minutes each. The twentieth day of the rites is scheduled on July 17. We expect an order on or before July 16,” the bench said.