Mumbai, Aug 28 A special NIA court here on Friday rejected a plea filed by an accused in an ISIS links case against the invocation of the Unlawful Activities (Prevention) Act provision related to 'raising funds for terrorist acts' against him.
The National Investigation Agency filed a supplementary charge sheet in April this year against Areeb Majid, accused of joining the middle-east terror group Islamic State of Iraq and Syria (ISIS), and added section 17 of the Act.
The section prescribes punishment for 'raising or collecting funds to finance terrorist act'.
Majid moved the court, pleading that charges under this section should not be framed against him. He also wanted the court to declare that the central agency's supplementary charge sheet had no new evidence.
The court said that the veracity of the evidence collected by the NIA could not be questioned at this stage.
"Roving and fishing inquiry is not permitted, nor mini-trials. The prosecution must get a chance to prove its case. Even charges can be altered/changed/added at any time," the court said.
The judge also noted that no prejudice was likely to be caused to the accused if charges were framed under section 17, as he would get an opportunity to rebut the prosecution's evidence during the trial.
As per the NIA, four engineering students flew to Baghdad on May 23, 2014, with a group of 22 pilgrims. After returning to India, other pilgrims told police that Areeb, Fahad, Aman and Shaheen Tanki had gone to Fallujah in Iraq.
On August 26, 2014, Shaheen Tanki called up Areeb's family and told them that their son had become a 'martyr' while fighting for ISIS in Syria.
Areeb Majid is the only arrested accused in the case.
