Mumbai: A special NIA court has rejected the discharge plea of an accused in the 2023 Padgha IS module case, observing that the material on record establishes a prima facie case of active involvement in terrorist conspiracy and that the evidence is sufficient to justify framing of charges.It found that a forensic analysis showed there were videos of firing and bombing footage with the IS flag and militants giving speeches related to terrorist activities in the electronic gadgets and devices of the accused, Zulfikar Ali Barodawala.“If the accused… is innocent, he should not have indulged in such activities, possessed all such contents, provoked gullible Muslim youths, and provided funds for arrangement of IED and bomb-making training in the rented house of wanted accused Abdullah in Pune… All the material discussed up till now is just the tip of an iceberg,” the judge said.NIA alleged that Barodawala acted as a key conspirator who recruited and radicalised youths by disseminating propaganda and promoting the ideology of a “liberated zone” in Thane district’s Padgha region. According to the investigation, he utilised encrypted communication platforms and virtual private networks to maintain contact with foreign-based handlers and co-conspirators, aiming to destabilise the security and sovereignty of the country.The defence called the charges unfounded, saying there was no direct evidence linking the accused to any overt criminal act. The discharge plea said the electronic device reports were either inconclusive or pending and that the prosecution’s case was built on coerced witness statements and the actions of others.The judge, however, said the evidence placed on record, along with the chargesheet, satisfactorily reveals Barodawala’s active participation in commission of the alleged offences, which would facilitate framing of charges. “…grave suspicion can reasonably be formed… to hold that he deserves at least to be tried for the alleged offences,” the judge said.
