Suspected LeT member moves bail plea in Supreme Court

Srinath Rao
Chhattisgarh govt moves SC, seeks declaration of 2008 NIA Act as unconstitutional

In his bail application, filed through advocate Gaurav Agrawal, Gaus has reiterated the HC’s observations that the NIA has not brought any material on record to show that he is a member of the LeT. (File)

A SUSPECTED member of the Lashkar-e-Taiba (LeT) earlier this week moved a bail application in the Supreme Court a month after the apex court cancelled his bail, resulting him in surrendering before a Mumbai court last month.

Nanded resident Mohammad Irfan Gaus was arrested along with four others in August 2012 by the state Anti-Terrorism Squad (ATS) and charged with conspiring to carry out terror strikes in Nanded and Hyderabad, possessing arms and influencing youngsters to take to violence.

After spending nearly seven years in jail, the Bombay High Court had granted Gaus bail last July, noting that the evidence placed before it by the National Investigation Agency (NIA) did not show reasonable grounds for believing that charges against him were true.

However, last November, the NIA filed a special leave petition before the SC, challenging the HC order. On December 3, 2019, a bench of Justice R Banumathi and Justice A S Bopanna stayed the HC order and also gave the NIA the liberty to re-arrest Gaus. The 32-year-old surrendered before the sessions court in Mumbai the next day and has been lodged at Arthur Road Jail since.

In his bail application, filed through advocate Gaurav Agrawal, Gaus has reiterated the HC’s observations that the NIA has not brought any material on record to show that he is a member of the LeT. “There is absolutely no material, which has come in evidence of 72 witnesses, which proved that the respondent in any manner was part of any conspiracy to eliminate any person whatsoever,” stated the application.

The bail application will be heard by the SC on January 27.