MUMBAI: A special court on Monday rejected the interim bail plea of Jakir Hussain Sabirali Shaikh aka Zakir Hussain Shaikh, an accused in a terror conspiracy case allegedly funded from Pakistan to attack politicians who spoke against muslims. Money trail and communication evidence show his connections with fugitive gangsters Chhota Shakeel and Dawood Ibrahim, the court said.
Special Judge Chakor S. Baviskar, who presides over cases under the Unlawful Activities (Prevention) Act (UAPA), observed that the Anti-Terrorism Squad (ATS) had gathered sufficient material showing money transfers, communications, and links between Shaikh and handlers abroad, indicating a prima facie case of conspiracy to target political leaders, including MPs and MLAs.
Shaikh, arrested on September 18, 2021, had sought bail claiming he was innocent and falsely implicated in the case. His counsel, advocate Tabish Mooman, argued that no specific unlawful activity was attributed to him and that ‘mere call detail records’ were insufficient to prove his involvement. He also cited the delay in the trial and violation of Shaikh’s right to liberty under Article 21 while requesting the court to grant bail to Shaikh.
Opposing the plea, Special Public Prosecutor Jaysing Desai submitted that the offences were grave, alleging that Shaikh was in constant contact with one Anthony in Pakistan and conspired to eliminate politicians who spoke against Muslims.
The ATS further told the court that Shaikh and his associates destroyed key evidence by breaking their phones and SIM cards to prevent the recovery of data to such an extent that even experts of the Forensic Science Laboratory (FSL) could not retrieve any information.
“There cannot be any reason for any ordinary common innocent man to destroy his cell phone and the SIM card. No explanation, much less satisfactory, is tendered on the part of applicant/accused Jakir,” the court said.
Referring to the investigation, the court also said that huge evidence appears to have been collected and that the available material was sufficient to deny bail. It cited a 2021 disclosure by Shaikh stating that his brother in Pakistan, acting on Shakeel’s instructions, had assigned him a task and transferred ₹49,999 through Western Union — ₹49,000 of which was later recovered from his co-accused Mohammed Irfan.
The court also observed that from the premises of co-accused Rizwan, investigators recovered documents including a passport, Aadhaar card, bank passbook and some Urdu writings that appeared to contain ‘accounts and expenditure for terrorist activities.’ The court also pointed to the money trail and the constant contact with Dawood gang handlers through WhatsApp calls via the internet, while rejecting the bail.