"Don't know whether appellants are having sleeping volcanoes of terrorism": Kerala HC dismisses pleas of accused who tried to join ISIS

Kochi (Kerala) [India], February 13 : The Kerala High Court on Monday dismissed the petitions seeking suspension of the sentence of three persons who were convicted for attempting to travel to Syria to join the Islamic State (ISIS) terror group.
A Division Bench of Justice Alexander Thomas and Justice Sophy Thomas noted that releasing them is not safe.
The argument of the petitioners who were sentenced to rigorous imprisonment of seven years was that "The appellants have undergone more than five years in custody and were even never released on bail during the trial. A major portion of the sentence is already over. The prosecution had failed to prove its case beyond a reasonable doubt, and there was every chance for them to succeed in the appeal against conviction."
On this, the court observed and said, "We do not know whether the appellants are having sleeping volcanoes of terrorism in their mind to indulge in violent jihad. Here is a case where the appellants acted against the interest of the nation as they wanted to wage war against Syria, an Asiatic power at peace with the Government of India. So, even if the appellants have undergone a major portion of the sentence imposed on them, it is not safe to release them on bail, as we do not know whether they still entertain the idea of performing Hijra in Syria for indulging in violent jihad."
"The allegations against the appellants are very serious in nature and the merits of the applications would have to be considered in order to prima facie ascertain whether there are strong compelling reasons for the grant of bail, especially when the presumption of innocence has vanished and the accused have been convicted. Though a detailed examination of evidence and elaborate documentation of the merits of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding, why bail was being granted particularly where the accused is charged of having committed a serious offence. In considering an application for suspension of sentence, the appellate court has to examine if there is any patent illegality in the order of conviction, which renders the order prima facie erroneous. Where there is evidence that has been considered by the trial court, it is not open to a court considering an application under Section 389 to reassess and/or re-analyse the same evidence and take a different view, to suspend the execution of the sentence and release the convict on bail."
The court further observed that "Considering the nature and gravity of the offences alleged, which are affecting the integrity of the nation and security and liberty of its citizens, the discretion has to be exercised with more care and caution, and not in a casual manner. Prima facie nothing is there, cogent enough to raise substantial doubts regarding the validity of the conviction."
The case pertains that the DSP, who conducted the probe found that six accused named in the charge sheet, had attempted to join ISIS/Daesh. Three of the six accused were intercepted by Turkish authorities while they were trying to cross over to Syria, and were deported back to India. Another accused was intercepted at the Mangalore Airport by the immigration authorities while he was allegedly travelling to Syria through UAE.
One of the masterminds in teaching ISIS/Daesh ideology in Kerala had booked tickets to exit India but cancelled the same on knowing of the arrest of the other accused. According to the prosecution, there is also an unconfirmed report that the sixth accused had crossed over to Syria and was killed there.
The accused was arrested on October 25, 2017.
NIA later took over the investigation and filed a chargesheet against the four accused. Two of the accused turned approvers.
In July 2022, the accused were convicted by a special NIA court.
They were convicted under 38 and 39 of UAPA and section 120B r/w section 125 of IPC and sentenced to undergo rigorous imprisonment for seven years and a fine.