MCOCA court refuses bail to suspected IM member Afsar Usmani

MUMBAI: A special MCOCA court recently rejected the bail plea of Afsar Usmani, a suspected member of Indian Mujahideen (IM), a terrorist outfit, who was arrested along with 22 others for sending terror emails before and after the Delhi and Ahmedabad bomb blasts in 2008.

On July 26, 2008, nearly 50 people died in 17 blasts in Ahmedabad. Around 22 bombs were found in Surat the next day, which were all subsequently defused. Usmani, a 2022 convict in this bombings case, is already facing life imprisonment in Gujarat. He was accused of stealing four cars from Navi Mumbai, two of which were used in the 2008 Gujarat blast. The ATS alleged that the accused had hacked into three Wi-Fi networks -- Khalsa College, Kamran Power Control Pvt Ltd in Chembur, and US citizen Kenneth Heywood in Sanpada --- to send terror emails.

Usmani’s advocate contended that the prosecution had failed to establish the case against him. As he has already been tried and convicted in a related criminal conspiracy in Ahmedabad, it would be double jeopardy to try him for this offence as well.

There is no direct evidence connecting him to the alleged conspiracy, particularly regarding the email sent from Guru Nanak Khalsa College, contended the defence, adding that the officials haven’t recovered any arms, ammunition or incriminating documents from him. Usmani’s lawyer also relied on the grounds of parity since seven others have already been granted bail in this case.

Usmani procured stolen cars and supplied them to the terrorist organisation, which were utilized in planting the bombs, argued the prosecution. They added that Usmani committed a serious offence in the bombings case and is an active member of the banned Students Islamic Movement of India (SIMI)

The court observed that the accused cannot rely on the ground of long incarceration for bail since he was already being tried in Gujarat and the prosecution was not in a position to proceed with the trial in this case. “There is circumstantial evidence in the form of electronic evidence and other evidence”, said the court.

In an order passed on April 4, which was recently made available, the court observed that there is circumstantial evidence proving Usmani’s role in the crime. “Strong evidence also appears to have been collected by the Investigating Agency to establish the nexus between, the accused, and the conspirators and executors of the offences,” said the court.

The special sessions judge Chakor Baviskar said that the offence against the accused in this case relates to national security, which has a wide impact on the nation and society. “Many other accused in this case are alleged to have got training in Pakistan. According to the prosecution, they are trained in planting explosives and timer bombs,” observed the court.