Orissa High Court Denies Bail to Alleged Al-Qaeda Recruiter

Court cites national security concerns and prior convictions in rejecting bail application.

In a significant decision impacting national security, the Orissa High Court has denied bail to Md. Abdur Raheman, who stands accused of propagating anti-national ideologies and recruiting youths for terrorist organizations, including Al-Qaeda. The judgment, delivered by Justice G. Satapathy, emphasized the severity of the allegations and the potential threat posed to national security.

Md. Abdur Raheman, the petitioner, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, on the grounds of prolonged detention. However, the court noted the gravity of the charges, which include propagating anti-national sentiments and recruiting individuals for terrorist activities. The petitioner was previously convicted in another case, further influencing the court's decision to deny bail.

The case originated from an FIR lodged by the Inspector-in-Charge of Jagatpur Police Station, who reported credible information on the petitioner's activities. Investigations revealed that Raheman, along with associates, had been operating Madrasas and instilling anti-national ideologies in students, some of whom were allegedly recruited for terrorist organizations. The prosecution also presented evidence of foreign funding under the guise of Madrasa operations.

Despite the examination of 38 witnesses, the trial remains ongoing, prompting the petitioner to seek bail due to his extended time in custody. However, Justice Satapathy highlighted that the allegations, coupled with the petitioner's prior conviction by the Additional Sessions Judge in New Delhi, underscored the risks involved in granting bail.

The court has requested the trial court to expedite proceedings, acknowledging the petitioner's lengthy custody period. This decision aligns with the judiciary's commitment to balancing individual rights with national security interests.

Bottom Line:

Bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Allegations against petitioner for propagating anti-national ideology and links with terrorist organizations like Al-Qaeda - Bail denied considering the gravity of offences, national security implications, and petitioner's prior conviction in another case.

Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483, Unlawful Activities (Prevention) Act, 1967 Sections 16, 17, 18, 18(B), 20, 21, 28, 40, Indian Penal Code, 1860 Section 124(A)

Md. Abdur Raheman @ Md. Abdur Raheman Alli Khan v. State of Odisha, (Orissa) : Law Finder Doc Id # 2809508