Mumbai: A special NIA court on Friday rejected the discharge plea of Kadeer Pathan, arrested in the ISIS Maharashtra module case, observing that the material on record shows a prima facie link between him and an alleged ISIS-linked conspiracy involving shelter, funds, communications and handwritten notes on making improvised explosive devices.National Investigation Agency in 2023 filed an FIR against Pathan, also known as Abdul Kadeer, underthe Unlawful Activities (Prevention) Act, the Arms Act and the Explosive Substances Act. NIA has alleged that he was part of a conspiracy with co-accused associated with ISIS and that meetings and training sessions related to bomb-making were held at places including Kondhwa in Pune.Special Judge Abhay A Joglekar, while rejecting the plea, said the “cumulative force of the ocular, technical, forensic and documentary material” placed on record disclosed a prima facie case demonstrating Pathan’s involvement in the alleged offences.The agency claimed that handwritten notes on preparing explosives and IED mechanisms were recovered from Pathan’s rented premises. It also alleged that he provided shelter to two co-accused, helped conceal their identity, participated in IED-making training, maintained contact with co-accused through social media and received funds used to support terror-related activities.Pathan’s lawyer argued that the allegations were collective and that no specific overt act had been attributed to him. The defence submitted that the material might raise suspicion but did not meet the threshold for framing charges. It also contended that there was no proof that Pathan participated in recce, target identification, bomb fabrication training or any pledge of allegiance.NIA opposed the plea, saying Pathan had an active role in the conspiracy. The court noted that he had not denied that the rented premises were occupied by two co-accused and that the receipt of Rs 10,000 through GPay had not been explained. It also referred to the recovery of handwritten notes containing details of the IED-making process.The court cited forensic material, noting that notes allegedly written by Pathan were sent to CFSL Pune, which confirmed a match. It also recorded that a text file recovered from the digital devices of the co-accused showed day-to-day reporting to a handler and claimed that funds were routed through Pathan.“Therefore, at this juncture, it cannot be said that framing of charge against the applicant/accused is deficient of sufficient ground,” the court said, “or that such framing would be groundless.”
