Mohsin Ibrahim Sayyed: Delhi HC Issues Notice To NIA In Plea Seeking In 2 Cases

The Delhi Court recently issued a notice to National Investigation Agency (NIA) in a plea which is filed by Mohsin Ibrahim Sayyed.

He was therefore convicted by the Special Court (POTA, NIA, MCOCA) of Greater Bombay for the case of Malvani ISIS case on the charges of trying to “radicalize Muslim Youths to join the group of Islamic State Terror in India Shafi Armar @ Yusuf-Al-Hindi.”

Therefore, Sayyed was sentenced to 8 years of Imprisonment under section 20 of the Unlawful Activities Act. He was then arrested by NIA in 2016. Agency’s investigation discloses that he with the other accused had intimidated, instigated, and influenced the vulnerable youth of Muslims from the area of Malwani in Mumbai’s Malad and compelled them to become “Fidayeen Fighters” for the sake of Islam. He was also involved in sending youth for “Hijarat” for ISIS joining.

On June 2, 2022, Mohsin Ibrahim Sayyed was convicted by the Additional Sessions Judge of Patiala House Court for the conspiracy of carrying out a terror strike during Ardh Kumbh Mela at Haridwar. Further, in that case, he was sentenced under several sections of the Indian Penal Code, UAPA & Explosive Substances Act (ESA).

Through the hearing, Advocate Siddharth Suneel while appearing for Mohsin Ibrahim Sayyed contended that “I am not impugning the special court’s order. The fact of my previous conviction was not placed before the special court. I am seeking the High Court to invoke its power under Section 226 to do that which is not prohibited under the NIA Act. I am not challenging the mode it should be given in.”
He further stated that the trial court when ordering the sentence and the conviction in Sayyed’s case became “functus officio”, thus he couldn’t approach it on this point. He stated, “Once a trial court has exercised the power of sentence, it becomes functus officio”.

Sayyed had a limited prayer that the sentences imposed by the Bombay Court and Delhi Court be run concurrently.

The council for NIA on the contrary opposed the plea stating that it’s not maintainable under section 21 of the NIA act. It mandates an appeal from an order or judgment other than the interlocutory order that might get heard by the High Court’s division bench.

Justice Jairam Bhambhani stated on this that “It is not an appeal. It is not that ex-facie it is not maintainable. He may have to answer on Section 427 CrPC.”

Taking note of the submissions, the single-judge bench sought NIA’s response to the plea within 6 weeks. Therefore, the court listed the matter for further hearing on May 23.

Meera Verma

Recent Posts

Centre Opposes Ex-Judges Panel To Monitor Stubble Burning In SC

The Centre on Friday opposed a proposal in the Supreme Court to form a committee…

11 hours ago

“It’s A Celebration For Us”: Delhi HC Bar Association Felicitates CJI Sanjiv Khanna

The Delhi High Court Bar Association on Friday honored Chief Justice of India Justice Sanjiv…

11 hours ago

International Criminal Court Issues Arrest Warrant For Israeli PM Netanyahu

The International Criminal Court has recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu,…

12 hours ago

Cal HC Stays Demolition Of Illegal Constructions In WB’s Mandarmoni

The Calcutta High Court on Friday granted an interim stay on the demolition of alleged…

12 hours ago

SC To Pass Order On Pleas To Efface Words ‘Secular’, ‘Socialist’ From Preamble

The Supreme Court on Friday announced that it would deliver its order on November 25…

13 hours ago

Air Pollution: SC Questions Delhi Govt On Truck Entry Amid GRAP-4 Restrictions

The Supreme Court raised concerns on Friday about the "drastic" consequences of the GRAP Stage…

13 hours ago