American School attack conspiracy : Mumbai HC refuses bail, suspension of life-term of man held in 2014

The sessions court on October 21 last year had convicted and sentenced Ansari to life imprisonment for offences punishable under Section 66F (cyber terrorism) of Information Technology Act, 2000 and five-year imprisonment for offences under IPC.

As per Maharashtra Anti-Terrorism Squad (ATS), during the period between August 2011 and October 2014, Ansari created an account on Facebook using a fake identity and used it to chat with people.

The ATS claimed that he ‘misused’ computer devices and the internet connection of the IT company he was working with in Andheri for these activities. The ATS claimed that between October 13 and 18, 2014, Ansari used the computer devices to ‘spread terror activities’ propagated by Islamic State and to induce others to join it.

As per prosecution, the agency received an intelligence that Ansari was a ‘jihadi’ and conspired to attack foreign officials in Mumbai and American School at Bandra Kurla Complex (BKC).

It claimed that Ansari’s chats on Facebook with one Omer Elhaji substantiated its claim about his intention to carry out an attack on the school. Senior advocate Mihir Desai for Ansari claimed before a division bench that he has been in custody for over nine years and his appeal is not likely to be heard immediately. Therefore, he should be released on bail pending the same. Desai also argued that Ansari was erroneously convicted for the offence punishable under Section 66F of IT Act without any evidence against him.

He also claimed that there was no evidence to substantiate the charge of ‘cyber terrorism’ against Ansari and no proof that he was attempting to access a computer resource without authorisation. However, Additional Public Prosecutor M M Deshmukh, representing ATS, opposed the plea and argued that the offence against Ansari was of serious nature and there was enough evidence to establish the charges against him.

Deshmukh argued that prosecution has examined nearly 25 witnesses to prove its case and their evidence, along with the Facebook chats, showed Ansari’s involvement in the crime and therefore he should not be granted any relief.