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2021 terror plot: Bail rejected to accused

No reason for ordinary man to destroy his mobile phone and SIM card: Court

Shaikh claimed innocence, but the court found no satisfactory explanation for his actions.A Mumbai court denied bail to Jakir Shaikh, arrested in a 2021 ATS terror plot, citing the deliberate destruction of his phone and SIM card as evidence of involvement. (File Photo)

Observing that there cannot be any reason for any ‘ordinary, common, innocent man’ to destroy his cell phone and SIM card, a special court on Monday rejected the bail application of a man arrested in 2021 in an alleged terror plot case by the Maharashtra Anti-Terrorism Squad (ATS).

Jakir Shaikh, an autorickshaw driver had sought bail on grounds including that the trial is yet to begin, four years since his arrest. He faces charges including criminal conspiracy, destruction of evidence of the Indian Penal Code and relevant sections of the anti-terror law, Unlawful Activities (Prevention) Act.

The ATS had claimed that Shaikh had given instructions to his co-accused to destroy his cell phone and SIM card. The agency said that it was broken into pieces and destroyed to such an extent that the experts at the Forensic Science Laboratory of Mumbai and Hyderabad could not retrieve anything from it.

“It shows prima facie involvement of the accused in commission of the offences. Otherwise, there cannot be any reason for any ordinary common innocent man to destroy his cell phone and the SIM card. Breaking it into pieces to such an extent that superior technical experts of the FSL also failed to retrieve anything from it. No explanation, much less satisfactory, is tendered on the part of applicant/accused Jakir about destruction of his mobile and SIM card,” special judge C S Baviskar said in the order, rejecting Shaikh’s bail plea.

The ATS had claimed that Rs 49,000 was transferred to Shaikh by his brother who allegedly resides in Pakistan via a well-known money transfer portal. The police claimed that this was towards funding for a conspiracy to commit attacks on MPs and MLAs who speak against Muslims and that the money was sent at the behest of gangster Chhota Shakil.

It was also alleged that Shaikh was in touch with one ‘Anthony’ from Pakistan, where the conspiracy was hatched, to recruit Muslim youth for the alleged offences. Shaikh had in his bail plea said that there is no material to that effect to show that he had been part of any conspiracy, planning or execution of the alleged plot.

In 2023, the Bombay High Court had granted bail to Shaikh’s co-accused, Mohammed Irfan Shaikh, a tailor, arrested by the ATS in 2021. The court had then said there was not a single statement of witnesses to show that Irfan was aware of any terror activities. The trial in the case is yet to begin.

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  • anti-terror operations ATS
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