AQIS Jharkhand Training Module case: Accused Dr Ishtiyaq seeks bail in absence of prosecution sanction under UAPA

By Dhiraj Beniwal
New Delhi [India], March 20 (ANI): Dr Ishtiyaq, one of the accused in the Al-Qaida in the Indian Subcontinent (AQIS) Jharkhand Training Module case, has moved a bail application. He has sought bail on the ground that the charge sheet has been filed without mandatory sanction for Prosecution under UAPA. He is alleged to be the leader of the module.
Delhi's Patiala House Court is to hear the bail plea on March 24.
On February 17, 2025, Delhi police filed a charge sheet against 8 accused persons, including Ishtiyaq of Ranchi, arrested in connection with the case.
Additional Sessions Judge (ASJ) Hardeep Kaur is to hear the bail plea on March 24.
Meanwhile, the court listed the matter related to Cognizance on the charge sheet on April 21, 2025. The Delhi Police informed the court that sanction under UAPA is still awaited.
Delhi police filed this charge sheet under sections of the anti-terror law UAPA without sanction.
Dr Ishtiyaq has moved a bail application through advocate Abu Bakr Sabbaq and Faiz Ahmed Ansari.
It is stated that the Investigating Agency failed to get a 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 is 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 for unlawful activities (prevention) (Recommendation and Sanction of Prosecution) Rules, 2008.
It is contended that the investigation is completed, and the chargesheet has been filed before this Hon'ble Court, so further judicial custody is not needed in this case. Thus, the applicant is entitled to Regular bail.
Ishtiyaq and other accused persons were arrested on 22 August 2024. In this case, Dr. Ishtiyaq of Ranchi is also accused.
Delhi Police have charge-sheeted Anamul Ansari, Shabaz Ansari, Altaf Ansari, Mohd. Rizwan, Motiur Rehaman, Mufti Rehmatullah, Faizan Ahmed, Dr Ishtiyaq Ahmed, Rizwan.
The three accused, namely Arshad, Umar Farooq, and Hasan Ansari, have not been charge sheeted by Delhi Police.
Police said one accused, Shahbaz Ansari, was arrested subsequently, and an investigation related to him is ongoing.
On December 12, 2024, the Delhi High Court granted Delhi police 90 90-day extension to complete the investigation in the 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 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 control mechanism, 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)