SC rejects bail plea of terrorist who planned to kill Modi
The Supreme Court today dismissed the bail application of POTA convict Farhan Ahmed Mustak who was charged by the police with planning to assassinate Gujarat Chief Minister Narendra Modi and several other functionaries of the Vishwa Hindu Parishad (VHP).
"You (Farhan) have already been convicted. There is no merit in the plea," a bench of Justices Arijit Pasayat and P Sathasivam observed, while dismissing the convict's plea.
The apex court rejected Farhan's claim that he has been falsely implicated by police.
Farhan Ahmed, who was sentenced to seven-year jail term by a Delhi POTA court, is facing trial in Gujarat for his alleged role in planning to assassinate Modi and VHP leaders like Pravin Togadia and others, to avenge the post-Godhra communal violence in the state.
According to the Gujarat police, Farhan was involved in the kidnapping of orphans from relief camps set up after the Godhra carnage in the state and training them in "jehadi" camps at Moradabad in UP for assassinating Modi and other leaders.
On 29th January, the Gujarat High Court had dismissed Farhan's bail plea holding that there was a "prima facie case" against the accused.
The High Court also took into consideration the fact that Farhan has already been convicted by a Delhi POTA court and his earlier bail application had been dismissed on July 10, 2006 by the Gujarat High Court.
He had filed the SLP in the apex court after the High Court's decision to dismiss his bail plea.
Farhan's counsel Mushtaq Ahmad argued before the apex court that there was no evidence to link Farhan to the alleged assassination plan and he was allegedly implicated by the Gujarat police.
He submitted the Gujarat police had registered the cases on 4th December, 2002 when he was lodged in Delhi's Tihar Jail in connection with the POTA charges registered against him by Delhi police.
The convict, who claims to be domiciled in Kuwait, was arrested from the Indira Gandhi International Airport by the Special Cell of the Delhi police on 28th August, 2002 for carrying explosive substances and planning to assassinate Modi and others.
On 30th August, 2002, the Special Cell also faxed a message to Ahmedabad police to register cases against Farhan and two others.
Counsel for the convict submitted that there was no material evidence or witnesses to support the allegations that Farhan was running Jehadi camps in Moradabad to carry out the killings of Modi and the other leaders.
However, the apex court said it found no reason to interfere with the Gujarat High Court's decision to dismiss the bail plea.
"Loved reading this piece by SANJAY DIXIT?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"