This is an archive article published on December 20, 2023
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.
The Bombay High Court recently rejected a petition filed by Anees Shakil Ahmed Ansari, who was arrested in 2014 for an alleged conspiracy to attack the American School in Mumbai, seeking suspension of sentence and release on bail pending his appeal. The HC said it was disinclined to grant relief to Ansari in the light of the evidence against him and expedited hearing in his criminal appeal.
A division bench of Justices Prakash D Naik and Nitin R Borkar on December 14 passed an order in Ansari’s interim application in his appeal.
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.
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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.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
