January 11, 2025: The Delhi High Court has denied bail to Md Heydaitullah, an alleged member of ISIS, who is accused of using cyberspace to radicalize youths and spread the ideology of the terrorist organization. A bench comprising Justices Prathiba M Singh and Amit Sharma rejected Heydaitullah's appeal, affirming the charges brought against him under the Unlawful Activities (Prevention) Act (UAPA).
The accused, an MBA graduate employed at an IT company in Gurugram, was arrested by the National Investigation Agency (NIA) in October 2022 following an FIR registered in 2021. The NIA has accused Heydaitullah of disseminating ISIS propaganda via Telegram groups, promoting enmity against Hindus on social media, and advocating for violent "jihad" to establish a caliphate.
The court, in its January 10 judgment, highlighted that Heydaitullah had taken an oath in 2018 pledging allegiance to prominent ISIS leaders, including Abu Bakr al-Baghdadi, and was actively engaged in supporting the group's objectives. "ISIS has been declared a terrorist organization, and the Appellant, being an educated individual, was fully aware of its nature and activities," the court noted.
The prosecution further alleged that Heydaitullah had transferred funds to support ISIS and possessed materials related to the group's activities, including methods for preparing explosives and the oath of allegiance.
In his defense, Heydaitullah argued that mere association or support for a terrorist organization does not constitute an offense under the UAPA. However, the court dismissed this contention, stating that the evidence demonstrated his active involvement in propagating ISIS ideology and promoting violence. "The bar on grant of bail under the UAPA is clearly applicable in this case," the court concluded.
The judgment underscores the judiciary's firm stance against activities that threaten national security and the misuse of cyberspace to spread extremist ideologies.