Court rejects bail plea of Dr Ishtiyaq in AQIS Jharkhand training module case

New Delhi [India], April 24 (ANI): Delhi's Patiala House Court on Thursday rejected the bail plea moved on behalf of Dr Ishtiyaq Ahmed, accused in Al-Qaeda in Indian Subcontinent (AQIS) Jharkhand Training Module case.
He had sought default bail on the ground that charge sheet has been filed without proper sanction required under UAPA. Ahmed is alleged to be leader of the module.
Additional Sessions Judge (ASJ) Dr Hardeep Kaur dismissed the bail plea saying, "It has no merit and the same accordingly dismissed."
The court noted that the Charge-sheet in the present case has been filed by the Investigating Officer on 17.02.2025.

"Sanction under section 7 of Explosive Substances Act has already been filed but requisite sanction under section 45 of UAPA is still awaited as no authority/ committee has been constituted by Government of NCT of Delhi till date to conduct an independent review under UAPA and letter for granting prosecution sanction is still pending with GNCT of Delhi," the court observed in the order.
The court emphasised they the investigating agency has already complied with all necessary steps to obtain requisite sanction under section 45 of UAPA before filing of the main charge-sheet and the investigating agency has no control over the working of the competent authority.
This Court is of the considered view that the Sanction Order passed by the competent authority can be produced and placed on record even after the filing of the charge-sheet, the court held.
On February 17, 2025, Delhi police had filed a charge sheet against 8 accused person including Dr. Ishtiyaq. The same is pending for Cognizance as Prosecution sanction under UAPA is awaited.
Delhi police filed this charge sheet under sections of anti-terror law UAPA without sanction.
Advocates Abu Bakr Sabbaq and Faiz Ahmed Ansari argued for accused. Delhi police opposed the bail plea.
It was stated by the counsel for accused that Investigating Agency failed to get Sanction for prosecution under section 45 of UAPA, while it is mandatory under section 45(2) of UAPA for the Sanction for prosecution under UAPA that it "shall be given within such time as may be prescribed.
It was also submitted that the Court cannot take cognisance of the offence in this case under section 45 of UAPA as it is mentioned that "No court shall take cognisance of any offence without the previous sanction of the Central/State Government.
The plea has stated that a total period of 14 days is prescribed in the unlawful activities (prevention) (Recommendation and Sanction of Prosecution) Rules, 2008.
It is contended that the investigation is completed and chargesheet have been filed before this Hon'ble Court, and further judicial custody is not needed in this case. Thus, the applicant is entitled for Regular bail.
Dr Ishtiyaq and other accused persons were arrested on 22 August 2024. In this case accused include Dr Ishtiyaq of Ranchi. Delhi Police have charge sheeted Anamul Ansari, Shabaz Ansari, Altaf Ansari, Mohd. Rizwan, Motiur Rehaman, Mufti Rehmatullah, Faizan Ahmed, Dr Ishtiyaq Ahmed, Rizwan.
Three accused namely Arshad, Umar Farooq, Hasan Ansari have not been charge sheeted by Delhi Police. One accused Shahbaz Ansari was arrested subsequently and investigation related to him is going on, police said.
On December 12, 2024, the Delhi High Court had granted Delhi police 90 days' extension to complete the investigation in AQIS Jharkhand Training Module case.
Earlier, the trial court had refused to extend the period of investigation. Delhi police had challenged the order before the high court. The module allegedly was being led by one Dr. Ishtiyaq of Ranchi and was aspiring to declare Khilafat and execute serious terrorist activities within the country, the police said.
It is alleged that members of the module have received indoctrination and weapons training at various locations.
Police had recovered arms, ammunition, literature etc. from several locations. Police recovered one AK-47 rifle, one .38 bore revolver, 6 live cartridges of .38 bore, 30 live cartridges of .32 bore, 30 live cartridges of AK-47, One Dummy Insas, One Air rifle, One Iron Elbow pipe, One hand Grenade, One Key remote controlmechanism, Some wires, One AA size 1.5-volt battery, One table watch, Four ground sheets, One target, One camping Tent, Some biscuits, one chips packet and one water bottle. (ANI)