High Court transfers all Nanded cases of alleged ISIS mediator to Mumbai

The Bombay High Court recently transferred all cases pertaining to the arrest of alleged ISIS mediator Naser Bin Abubaker Yafai, from Nanded to Mumbai.

The accused, who was arrested in Parbhani in July 2016 had hatched a bomb blast attack in Parbhani duing Ramzan.

The orders to transfer all the cases were passed by Chief Justice Manjula Chellur while deciding the pleas moved by the National Investigations Agency (NIA).

In its plea, the central agency had sought tramsfer of the matters from Nanded, Aurangabad. The agency had even sought transfer of a criminal application filed by Yafai at the Aurangabad bench of the HC. In this plea, the ISIS mediator had challenged the jurisdiction of the Anti-Terrorism Squad (ATS) that initially probed the case. The ATS had also filed a chargesheet in this matter invoking charges punishable under the Indian Penal Code and also Unlawful Activities (Prevention) Act.

It was after this plea, that the Union Ministry of Home Affairs had in September 2016 passed an order directing the NIA to take over the probe. Accordingly, the ATS handed over all the case papers to NIA, however, the original records were lying in the Nanded Sessions Court.

The NIA had also moved a plea seeking transfer of papers from Nanded Sessions court to the special court in Mumbai, which is designated to heard cases under the NIA.

Having heard the submissions, Chief Justice Chellur said, “Since the issues involved in both the aforesaid matters are interlinked, it is desirable that all the matters are heard and disposed of by one and the same court.”

“Admittedly, NIA Court is at Bombay, even for jurisdiction of Aurangabad as well as Nanded, since NIA Court is situated only in the capital of Maharashtra i.e. Bombay, the case are to be dealt with at Bombay. Ultimately, if the cases are to be continued by NIA, the same will have to be dealt with at Bombay. Apparently, there is no infrastructure whatsoever for NIA Court to deal with the matter (investigation) at Aurangabad,” CJ Chellur added.

Si nce the issues involved in both the matters are interlinked, it is desirable that all the matters are heard and disposed of by one and the same court -MANJULA CHELLUR Chief Justice of Bombay High Court