A Delhi court has dismissed the bail application of Dr. Ishtiyaq Ahmed, an alleged key figure in the Al-Qaeda in Indian Subcontinent (AQIS) Jharkhand training module case.
The plea was filed on the grounds of procedural lapses under the Unlawful Activities (Prevention) Act (UAPA).
Bail Plea Dismissed
The bail plea, filed before Patiala House Court, was rejected by Additional Sessions Judge (ASJ) Dr. Hardeep Kaur, who stated that the plea “has no merit and the same is accordingly dismissed.” Dr. Ahmed had sought default bail, citing that the chargesheet was filed without proper sanction under the UAPA.
Court’s Observations
The court noted that the chargesheet was filed by the investigating officer on February 17, 2025. It acknowledged that while a sanction under Section 7 of the Explosive Substances Act had been submitted, the sanction under Section 45 of the UAPA was still pending. The court explained, “No authority/committee has been constituted by the Government of NCT of Delhi till date to conduct an independent review under UAPA and a letter for granting prosecution sanction is still pending with GNCT of Delhi.”
Despite this, the court held that the absence of the sanction does not invalidate the chargesheet. It emphasized that the investigating agency had taken all necessary steps to obtain the required sanction and has no control over the internal delays of the competent authority. “The Sanction Order passed by the competent authority can be produced and placed on record even after the filing of the charge-sheet,” the court stated.
Case Background
The Delhi Police filed a chargesheet against eight accused, including Dr. Ishtiyaq, under the UAPA without the required prosecution sanction. The chargesheet is currently pending cognizance. The defence, represented by Advocates Abu Bakr Sabbaq and Faiz Ahmed Ansari, argued that prosecution under Section 45 of UAPA cannot proceed without prior government sanction, as stipulated under UAPA rules.
They also pointed out that according to the Unlawful Activities (Prevention) (Recommendation and Sanction of Prosecution) Rules, 2008, sanction must be granted within 14 days. With the investigation complete and the chargesheet filed, the defence argued that further judicial custody was unnecessary and sought regular bail.
Accused & Allegations
Dr. Ishtiyaq Ahmed, a resident of Ranchi, was arrested on August 22, 2024, along with other accused. Those charge-sheeted include Anamul Ansari, Shabaz Ansari, Altaf Ansari, Mohd. Rizwan, Motiur Rehman, Mufti Rehmatullah, Faizan Ahmed, and Rizwan. Three individuals—Arshad, Umar Farooq, and Hasan Ansari—have not been chargesheeted yet, and the investigation continues against another accused, Shahbaz Ansari, who was arrested later.
According to Delhi Police, Dr. Ishtiyaq was allegedly leading the AQIS module, which aimed to declare Khilafat and carry out major terrorist attacks in India. Members are accused of undergoing indoctrination and weapons training at multiple locations.
The police reportedly recovered a cache of arms and other materials, including:
- One AK-47 rifle
- One .38 bore revolver
- 66 live cartridges (various calibers)
- One dummy INSAS rifle
- One air rifle
- One hand grenade
- Detonation equipment and various paraphernalia, like camping tents and ground sheets
The court earlier granted a 90-day extension for the investigation in December 2024, overruling a trial court’s refusal to do so. The case remains under active investigation.
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