Delhi HC Refuses Default Bail to ISIS Operative Accused of Radicalising Youth, Procuring Arms
The Delhi High Court recently denied default bail to Mohd Rizwan Ashraf, an ISIS operative accused of propagating the ideology of the banned terrorist outfit, procuring arms, explosives and ammunition, and using social media platforms to promote ISIS activities.
A bench of Justices Subramonium Prasad and Harish Vaidyanathan Shankar dismissed an appeal filed by Ashraf challenging the trial court’s order denying him default bail.
“This Court is satisfied that the Ld. Trial Court has applied its mind to the grounds which have been set forth. The Ld. Trial Court has categorically observed that the investigation progressed substantially during the extensions that had been granted by it and the investigation had not been stagnant. The order of the Ld. Trial Court extended custody not as a matter of routine but based on credible material outlining the investigative steps requiring completion,” the High Court said.
Ashraf was arrested on October 1, 2023, by the Delhi Police Special Cell along with a co-accused, based on intelligence inputs indicating that they were planning terrorist activities in Delhi and adjoining areas.
The case was later transferred to the National Investigation Agency (NIA), and Ashraf was charged under Sections 120B of the IPC (criminal conspiracy), Sections 18 and 20 of the Unlawful Activities (Prevention) Act (UAPA), and Sections 4 and 5 of the Explosive Substances Act.
The main allegation against Ashraf is that he and others were propagating ISIS ideology and radicalising impressionable youth. They are also accused of procuring arms, ammunition, and explosives for ISIS and using social media platforms to promote the banned outfit and establish bases in Delhi.
Ashraf’s counsel argued that the trial court's orders were mechanical and passed in a perfunctory manner. He contended that the impugned orders did not reflect any individual assessment of Ashraf’s role in the Delhi case and further submitted that the NIA failed to justify the need for continued detention.
Opposing the plea, the Special Public Prosecutor for NIA argued that extending the custody of Ashraf and his co-accused beyond the statutory period of 150 days was necessary. He submitted that the investigation revealed that the accused had been actively attempting to brainwash and recruit young individuals to join ISIS through social media platforms.
Taking note of the submissions, the High Court examined the public prosecutor’s report, which stated that Ashraf and his co-accused were active members of ISIS and had convened meetings and supported the organisation’s unlawful activities. The report emphasised that their continued detention was vital for national security.
After having perused the entire material on record, the Court said, “It is evident that the three accused, including the Appellant herein, are active members of ISIS. They are propagating the ideology of the ISIS and trying to recruit youth for furtherance of the objectives of ISIS in banned organisations.”
“It is also revealed that the conspiracy extended beyond Indian borders. A money trail from Maldives was being investigated. Material on record indicates that further investigation was underway to identify other associates of the accused. Substantial cash and arms were seized from the co-accused, while explosive material was recovered from Ashraf,” the Court observed.
Upholding the trial court’s order, the High Court concluded, “This Court is therefore of the opinion that the Trial Court’s order of detention of the Appellant is not mechanical in nature. The Appellant could not have been released on account of the ongoing investigation, as releasing them at a crucial stage would have impeded the investigation.”
Accordingly, the Court dismissed the appeal.
Case Title: Mohd. Rizwan Ashraf v. National Investigation Agency
Order Date: 24th July 2025
Bench: Justice Subramonium Prasad and Justice Harish Vaidyanathan Shankar