On 9th September 2020, the Supreme Court heard the case of National Investigation Agency v Mohammad Irfan Gaus. The Bench comprised of Hon’ble Chief Justice SA Bobde, Hon’ble Justice AS Bopanna, and Hon’ble Justice V Ramasubramanian.
Brief Facts
Mohammad Irfan Gaus was arrested along with 3 others in August 2012. He was alleged to be a member of a banned terror organization Lashkar-e-Taiba. Further, it was also submitted that they had allegedly conspired in planning a terrorist attack at Nanded and Hyderabad. Thus, Gaus and the 3 other Accused are facing charges for offences punishable under Sections 18, 20, and 38 of the Unlawful Activities (Prevention) Act, Section 201 of Indian Penal Code, and Sections 3, 25, and 27 of the Indian Arms Act. He had approached the High Court challenging the order of the Trial Court denying him bail as no evidence proved him guilty. Consequently, the Bombay High Court released him on bail in July 2019 as he was already behind the bars and under trial for 7 years.
Appellant’s Contention
The National Investigation Agency approached the Supreme Court. In this regard, the Solicitor General Tushar Mehta opposed the release of Gaus. and argued that he had ties with a terrorist organization. He further stated that Gaus was continuously in contact with the organization and telephonic records were suggesting the same.
Court’s Judgment
The Court gave the National Investigation Agency 2 weeks to place all the evidence against Gaus to prove why he should not be duly released. The Court stated that this was imperative as no matter the seriousness of the allegations, somebody who is not involved gets roasted. This was either through errors or malice. Thus, it was pertinent to delve into the evidence suggesting his links to the organization to satisfy its conscience.
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