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Synopsis

A Special Court, NIA (Mumbai) has acquitted Arshi Qureshi, accused for the offences punishable under Sections 13 & 39 of the Unlawful Activities (Prevention) Act, 1967 vide section 235 of the Code of Criminal Procedure.

Addl. Sessions Judge A.M. Patil, Special Judge, MCOCA/POTA/TADA/NIA heard the matter.

Arfi Qureshi was accused of carrying out unlawful activities and spreading hatred against India. It was further alleged that the accused provided support to the Terrorist Organization ISIS by furthering its activities i.e. advocated and propagated its cause by sharing images, videos and literature related to ISIS among Ashfaq and the group of missing youths. Arshi was also accused of abetting and inciting the commission of unlawful activity by saying that India is “Dar-ul-Kufra”, which means land of Kafirs, where Shariya law is established and causes disaffections against India.

The counsel for the NIA argued that Ashfaq Majid and his associates were indoctrinated into extreme Jihadi ideology by group of like-minded youths from Kasargod District of Kerala. And that some members of the Islamic Research Foundation, Mumbai who motivated and radicalized Ashfaq and his associates to join ISIS, a proscribed terrorist organization.

Counsel for NIA argued that the accused was using his official position in IRF to influence people from other religions to embrace ‘Islam’, and that he used to tell all the people that ‘Hijra’ is the duty of every Muslim. Further, propagated that since Prophet Mohammad also shifted from Mecca to Madina, so, even they should also change and leave their home, and that such teachings influenced Ashfaq, Bestin and Merrin to leave their home and later to join ISIS.

The counsel for the accused argued before the court that FIR is ingeniously designed so as to implicate the accused who is the employee of Islamic Research Foundation Trust. He also argued that prior to the registration of this FIR, already more than two proceedings were initiated by the competent police station. He also argued that there is no direct evidence as well as circumstantial evidence against this accused. On point of indoctrination he submitted that as far as Jihadi mentality amongst missing youths is concerned, there is no direct evidence or even circumstances against this accused. No witness has deposed about the same.

The court while acquitting Arshi noted that "Arguments and story of the prosecution may be attractive but it must be proved by the cogent evidence. In absence of evidence it can not be said that prosecution has succeeded in proving the case."

The court has also noted that the most important testimony of the father, mother and brother of missing Ashfaq is silent about the Unlawful Act and support given to the Terrorist Organization by the accused-Arshi Qureshi.

Further, the court raised serious doubt on the testimony of the witness because his mobile phone was not seized by the NIA along with voice message, as purported.

The court said,  "Even the witnesses claimed to be an official and member of the IRF also admitted in their cross-examination that accused-Arshi Qureshi is well educated, cultured and mannered person and he follows Islam in its true nature and spirit" 

Case Title: National Investigation Agency vs. Arshi Qureshi