Maharashtra Isis Module Nia Court Refuses To Discharge Zulfikar Barodawala

MUMBAI: A special National Investigation Agency (NIA) court has refused to discharge alleged ISIS operative Zulfikar Ali Barodawala in the Maharashtra ISIS module case, holding that the prosecution has placed sufficient material on record to warrant a trial under the Unlawful Activities (Prevention) Act (UAPA) and the IPC.

The NIA case, registered in June 2023 against six accused, alleges a conspiracy to further the activities of the banned terrorist organisation Islamic State (ISIS) through radicalisation, recruitment and dissemination of extremist propaganda.

Rejecting Barodawala’s plea on Saturday, Special Judge Chakor S. Baviskar said there was “more than sufficient material” against him and that the evidence collected during the investigation indicated his “active participation” in the alleged conspiracy. The court held that the material raised a “grave suspicion” against the accused, warranting a full-fledged trial.

Barodawala had argued that no incriminating material was recovered from him, the prosecution relied mainly on witness statements, and no overt act linked him to the alleged conspiracy. He also contended that merely receiving emails relating to Bayath, or allegiance to ISIS, did not establish criminal liability.

Opposing the plea, the NIA alleged that Barodawala propagated ISIS ideology among youths, remained in touch with co-accused through encrypted communication platforms and encouraged individuals to take Bayath to the banned outfit.

Holding that the prosecution had crossed the threshold required at the stage of framing charges, the court observed that the material discussed in its order was “just the tip of an iceberg” and that its evidentiary value would be tested during trial.

The NIA case was registered on June 28, 2023, after intelligence inputs alleging that Tabish Siddiqui and other associates had conspired to further the activities of ISIS and its affiliates, including Islamic State Khorasan Province (ISKP), with the objective of disturbing the unity, integrity and security of India.

The NIA has also named Barodawala as an accused in the separate Pune ISIS module case, which involves allegations of terrorist training and fabrication of improvised explosive devices.