In a controversial order, a juvenile justice board in Maharashtra has decided to release an ISIS terror convict and allowed him to be a tutor to school children in his locality despite his conviction.
According to the reports, a three-member juvenile justice board (JJB) presided over by the principal magistrate granted a benefit to an Islamic State terrorist convicted for his terror acts, a juvenile at the time of his arrest, by ordering his release despite being convicted in a terror case. The JJB ordered his release on the grounds that he has already spent the three-year sentence in an observation home since January 23, 2019.
In a ruling on May 11, the JJB also directed the terror convict, referred to as a “child in conflict with the law (CCL)”, to be allowed to do community service under the supervision of a probation officer, as provided under the Juvenile Justice Act.
The court has also ordered that the convicted terrorist be allowed to serve at an old age home twice a month for the next six months and give tuition classes in Maths and English to children of Classes 7 and 9 in his locality as part of community service.
The JJB said that the CCL is released on a good behaviour bond for the period of one year and is placed under the supervision of a probation officer in Thane.
JJB convicts ISIS terrorist, but releases him
Strangely, the order came after the JJB convicted the accused for his involvement in the terrorist activities under Section 120-B (criminal conspiracy) and 201 (destruction of evidence) of the Indian Penal Code, besides, Sections 18 (conspiracy), 20 (being a member of a terrorist gang or organisation), 38 and 39 (offences relating to membership and support given to terrorist organisation).
The Juvenile Justice Board also ordered that terror convict be sent to a special home for three years. However, the JJB considered the period he had already served in an observation home and ordered his release.
“From the evidence of witnesses, confession of CCL, social media panchanama, subscriber detail and call data records, location of CCL, I have no hesitation to conclude that prosecution has established that CCL being a member of a terrorist organisation, a banned organisation in India knowingly facilitated, advised and abetted and conspired with members of ISIS and others for the commission of preparatory to the commission of a terrorist act,” the Juvenile Justice Board said.
The JJB had further observed that the ISIS terrorist was actively involved in the terrorist activities and participated in the conspiracy against the country with an intention to further the activities of the said terrorist organisation.
Maharashtra ATS had arrested terror suspects for their links with the ISIS
Reportedly, the terror convict was 17 years, a minor, when the Maharashtra Anti-Terrorism Squad (ATS) had arrested him, along with other members, on December 27, 2018, for being part of an organised module of banned Islamic terror organisation ISIS. The Maharashtra ATS had arrested the terror accused, who had formed an organisation ‘Ummat-E-Muhammadiya’ to commit acts of terror in Aurangabad and Mumbai.
In August 2018, the Aurangabad unit of the state ATS had detained nine persons, including the minor suspect, on suspicion of being influenced by ISIS and planning a terror attack. The ATS had alleged that the nine terror accused were indoctrinated with the ideology of the terrorist organisation ISIS. They had hatched a criminal conspiracy to carry out the terrorist attack using some poisonous substance and explosives in Mumbai, Aurangabad and other places.
Subsequently, an FIR was registered with the ATS police station at Kala Ghoda in Mumbai for offences under Section 120-B (criminal conspiracy) of the Indian Penal Code read with Sections 18, 20, and 38 of the Unlawful Activities (Prevention) Act and Section 135 of the Maharashtra Police Act.
The ATS had contended that the minor terror accused be treated as an adult. However, the JJB rejected the ATS’s plea in October 2019. The ATS moved to the sessions court, which also upheld the JJB’s order in May 2021. The Bombay high court at Aurangabad had also dismissed its criminal revision appeal.
The arrested have been identified as Salman Khan, Fahad Shah, Zamen Kutepadi, Mohseen Khan, Mohammad Mazhar Shaikh, Taki Khan, Sarfaraz Ahmed, Zahid Shaikh and a 17-year-old. One of the arrested people is said to be the son of Rashid Malabari, a close aide of Dawood Ibrahim. All the arrested are well-qualified persons with two engineers, one pursuing engineering, one Pharmacist and a class 11th student among them.
