Delhi HC dismisses suspected ISIS member’s plea for trial as juvenile

A division bench of Justice Mukta Gupta and Justice Anish Dayal dismissed Qadeer’s plea holding that even though he joined the ISIS as a juvenile, he allegedly continued to participate in the organisation’s activities after he turned major.

“The appellant turned major on November 25,2017. However the purchase of materials for making IEDs took place on December 18, 2017 when he was a major followed by further course of action noted in the charge sheet,” the bench noted.

The High Court observed that the charge sheet states that Qadeer was indoctrinated when he was a minor by one Abdul Basith but the preparation for offences under the Unlawful Activities (Prevention) Act (UAPA) and conspiracy (section 120B of the Indian Penal Code) began when he turned major.

“It is trite law that conspiracy is a continuing offence as held by the Supreme Court in Ajay Aggarwal v UOI (1993). Considering the fact that even though he participated in some (ISIS) meetings when he was a minor, he continued to participate even after he became a major… we find no merit in the plea and the same is dismissed,” the High Court ruled. Special Public Prosecutor Akshai Malik and advocate Khawar Saleem appeared for the NIA.

Earlier, Qadeer argued that he had ordered some materials from Amazon for a school chemistry project which were seized by the NIA and shown as “explosives”. He argued that he had been charged for conspiracy, and the agency should indicate the date when the alleged conspiracy began as at the time he was a minor.

The agency had alleged that Qadeer, a resident of Hyderabad, was tasked with spreading ISIS propaganda and was in touch with another member of the organisation Abdul Hasan who was arrested in the 2016 for recruiting Indians to carry out activities for the terror outfit. According to the agency, the Forensic report stated that the materials seized from Qadeer could be used to make explosives.