Kochi, Feb 21 A court has dismissed the bail petition of the national in-charge of the education wing of the banned PFI after the NIA opposed the plea, alleging that he had organised armed training and propagated ISIS ideology.
NIA Court judge MK Mohandas on Friday dismissed the bail plea of Ashraf alias Karamanna Ashraf Moulavi, the national in-charge of the PFI education wing and vice president of the All India Imams Council affiliated to the banned organisation.
He is the second accused in the case registered in connection with alleged anti-national activities of the Popular Front of India (PFI). He is also an accused in the murder of RSS leader Sreenivasan in Palakkad.
Objecting to the bail plea, the NIA submitted that Ashraf organised arms training imparted by the PFI at Periyar Valley in Kochi and at the Trivandrum Educational Services Trust (TEST) as preparation for committing terrorist acts.
The order, referring to the NIA’s objections, stated that the statement of Protected Witness No. 3 revealed that Ashraf, along with other accused, organised armed training at Periyar Valley through the 15th accused, Muhammad Mubarak.
"During the search of the residence of Mubarak on December 29, 2022, three swords and one axe were seized. It is submitted that an axe was used by PFI cadres in the hand-chopping case of Prof Joseph in Kerala, investigated by the NIA," the order stated, citing the agency’s submission.
The NIA further submitted that Ashraf, along with other accused, was involved in the conspiracy relating to the murder of Sreenivasan.
"The Protected Witness No. 4 stated that the petitioner, along with others, conducted arms training for PFI cadres at TEST, Thiruvananthapuram," the order said.
The NIA also alleged that Ashraf delivered speeches propagating ISIS ideology.
"The Protected Witness Nos. 6 and 7 stated about the hate speech of the petitioner and also stated that he incited them to carry out jihad against ‘kafirs’, and the same is corroborated with ISIS-related materials recovered from his pen drive," the order stated.
According to the NIA, the pen drive recovered from Ashraf’s residence contained ISIS-related videos and images, handwritten notes regarding financial transactions with accused in various murder cases involving ISIS, and a list of leaders of the RSS and other Hindu organisations.
It also allegedly contained handwritten notes regarding the keeping of knives, swords, iron bars and bombs.
Counsel for Ashraf submitted that he has been in judicial custody for more than three-and-a-half years.
He argued that the arrest was not conducted in accordance with law and that the grounds of arrest were not properly communicated.
The defence further submitted that Ashraf is a senior citizen suffering from various health issues and has undergone repeated hospitalisation.
The counsel also alleged that the NIA suppressed the findings of the state police in the Sreenivasan murder case, contending that the incident arose out of political retaliation and that the agency wrongly described the deceased as a Hindu leader though he was an RSS/BJP worker.
He further contended that the search was not conducted in Ashraf’s presence and that the recovery was therefore invalid.
The defence also argued that the NIA mainly relied on a voice clip allegedly recovered from the mobile phone of the 15th accused to establish the allegation of an “India 2047” agenda to turn the country into an Islamic nation.
After hearing both sides and examining the materials before it, the court found reasonable grounds to believe that the accusations against Ashraf were prima facie true and that the allegations were serious.
"In this case, apart from the statements of witnesses, there are materials which prima facie suggest that the petitioner had an active role in the commission of the offence," the court observed.
Noting that the charge sheet has already been filed and that the case is fit for trial, the court dismissed the bail petition.
The NIA, which registered the case in 2022, has so far filed a charge sheet against 65 people and arrested 56 people, of whom 50 have been granted bail.
